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CARROLL v. JACKSON NATIONAL LIFE INS. CO.

1665

304 S.C. 491 (1991)

405 S.E.2d 425

Mary Louise CARROLL, Respondent v. JACKSON NATIONAL LIFE INSURANCE COMPANY, Appellant.

Court of Appeals of South Carolina.

Decided May 28, 1991.

Rehearing Denied July 2, 1991.

Attorney(s) appearing for the Case

Edward W. Laney, IV of Turner, Padget, Graham & Laney, Columbia, for appellant.

Stephen Fitzer, Columbia, for respondent.

Rita M. Theisen of LeBoeuf, Lamb, Leiby & MacRae, Washington, D.C., for American Council of Life Ins., as amicus curiae.

Heard April 8, 1991.

Decided May 28, 1991.

Rehearing Denied July 2, 1991.

GARDNER, Judge:

Mary Louise Carroll (Carroll) brought this action to recover on two $50,000 life insurance policies. The court granted her summary judgment motion because Jackson National Life Insurance Company (the Insurance Company) admitted it could not prove a causal connection between the insured's misrepresentation of his health history and the cause of death. We...

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