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BRAATEN v. MINNESOTA MUT. LIFE INS. CO.

No. 13101.

302 N.W.2d 48 (1981)

Janice G. BRAATEN, As Administratrix and on Behalf of the Estate of Robert C. Braaten and the Estate of Robert C. Braaten, Plaintiffs and Appellees, v. MINNESOTA MUTUAL LIFE INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 18, 1981.

Attorney(s) appearing for the Case

Donald E. Osheim of Osheim, Fox & Bartron, Watertown, Galen J. Vaa of Thysell, Gjevre, McLarnan, Hannaher, Vaa & Skatvold, Moorhead, Minn., for plaintiffs and appellees.

W. A. Hackett of Austin, Hinderaker & Hackett, Watertown, for defendant and appellant.

MILLER, Circuit Judge.

ISSUES

Did an applicant for credit life insurance make misrepresentations, omissions or concealments of fact which were fraudulent, material to the risk and knowledge of which would have resulted in the policy not being issued? Our holding is "yes."

Is the insurance company which issued the credit life policy estopped from denying coverage under said policy? Our holding is "no."

The judgment of the trial court holding...

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