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D'ANNUNZIO v. SECURITY-CONNECTICUT LIFE

No. 19942.

410 S.E.2d 275 (1991)

Lucille J. D'ANNUNZIO, Plaintiff Below, Appellant v. SECURITY-CONNECTICUT LIFE INS. CO., A Connecticut Corporation, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided October 16, 1991.

Attorney(s) appearing for the Case

Roger J. Morgan and Gregory A. Morgan, Young, Morgan & Cann, Clarksburg, for appellant.

Robert G. Steele and Ronald T. Tomasko, Steptoe & Johnson, Clarksburg, for appellee.

NEELY, Justice:

Lucille J. D'Annunzio brought a declaratory judgment action in the Circuit Court of Harrison County to determine her rights under an insurance policy issued by Security-Connecticut Life Insurance Company, on the life of Samuel D'Annunzio, her late husband. The circuit court found that Mrs. D'Annunzio was entitled only to a return of premiums and the policy's cash surrender value because Mr. D'Annunzio had committed suicide within two years of the policy...

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