EDUCATORS & PROF. LIFE INS. CO. v. JORDAN

No. 75-329.

536 S.W.2d 124 (1976)

EDUCATORS AND PROFESSIONAL LIFE INSURANCE COMPANY et al., Appellants, v. Robert C. JORDAN, Appellee.

Supreme Court of Arkansas.

May 10, 1976.


Attorney(s) appearing for the Case

Davidson, Plastiras & Horne, Ltd. by Cyril Hollingsworth, Little Rock, for appellants.

Guy H. Jones, Phil Stratton, Guy Jones, Jr., Conway, for appellee.


HARRIS, Chief Justice.

This appeal comes before the court on stipulated facts and presents solely a question of law: Does an incontestable clause in a disability insurance policy prevent the insurer from denying liability on the ground that the disability resulted from a disease antedating the issuance of the policy, when the policy expressly excludes coverage of disabilities resulting from such pre-existing ailments?

The stipulation and the pleadings reflect...

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