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McDONALD v. BENEFICIAL STANDARD LIFE INS. CO.

No. 13615.

235 S.E.2d 367 (1977)

Jackie W. McDONALD v. BENEFICIAL STANDARD LIFE INS. CO.

Supreme Court of Appeals of West Virginia.

June 7, 1977.

Attorney(s) appearing for the Case

Harry R. McCulloh, Petersburg, Charles W. Smith, Keyser, for appellant.

Geary & Geary, James Paul Geary and Dennis V. DiBenedetto, Petersburg, for appellee.

HARSHBARGER, Justice:

Beneficial Standard Life Insurance Company brings this appeal from the Circuit Court of Grant County, where a jury found against it and returned a $7,460.00 verdict favoring Jackie W. McDonald. McDonald's suit against Beneficial was inspired by the company's failure to pay him disability benefits after open heart surgery.

The company's defense was that he did not tell its agent that he had heart or blood vessel disease when he applied...

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