KRAUS v. PRUDENTIAL INS. CO. OF AMERICA

No. 85-3920.

799 F.2d 502 (1986)

Nancy KRAUS, Plaintiff-Appellant, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 8, 1986.


Attorney(s) appearing for the Case

William B. Wyllie, Salem, Or., for plaintiff-appellant.

Thomas W. Brown, Portland, Or., for defendant-appellee.

Before WRIGHT, GOODWIN and NELSON, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

Although appellant raises several arguments on appeal from an adverse jury verdict, we conclude that there is but one question for us to consider. We state it thus: In an action by a beneficiary on a life insurance policy of $100,000, did the district court err in its instructions to the jury and specifically in its failure to instruct that the insurer had a duty to investigate the facts surrounding the application for insurance?<...

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