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ANDREWS v. AMERICAN HEALTH & LIFE INS.

Record No. 860001.

372 S.E.2d 399 (1988)

Richard L. ANDREWS, Executor of the Estate of Earl L. Ballenger, Jr. v. AMERICAN HEALTH AND LIFE INSURANCE COMPANY.

Supreme Court of Virginia.

September 23, 1988.

Attorney(s) appearing for the Case

James F. Pascal (John C. Ivins, Jr., Hirschler, Fleischer, Weinberg, Cox & Allen, Richmond, on briefs), for appellant.

A. James Kauffman (Clayton L. Walton, Taylor, Hazen & Kauffman, Richmond, on brief), for appellee.

Present: All the Justices.

WHITING, Justice.

In this appeal, we decide two issues, first, whether the phrase "nervous disorder," as used in a question contained in an application for a credit life insurance policy, is ambiguous and should be construed against the insurer; and second, whether the insured's executor is estopped from collecting the proceeds of the policy.

On September 10, 1979, Earl L. Ballenger, Jr., was admitted to Chippenham Hospital under the care of Dr. Charles A...

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