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NYONTEH v. PEOPLES SEC. LIFE INS. CO.

Nos. 90-3151, 90-3156.

958 F.2d 42 (1992)

Katherine M. NYONTEH, Plaintiff-Appellant, v. PEOPLES SECURITY LIFE INSURANCE COMPANY, Defendant-Appellee. Katherine M. NYONTEH, Plaintiff-Appellee, v. PEOPLES SECURITY LIFE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 7, 1992.

As Amended March 5, 1992.

Attorney(s) appearing for the Case

J. Joseph Shepherd, argued (Parker E. Cherry, on brief), Purcell, Cherry, Kerns & Abady, Richmond, Va., for appellant.

William Tyler Shands, argued (Albert M. Orgain, IV and Robert B. Delano, Jr., on brief), Sands, Anderson, Marks & Miller, P.C., Richmond, Va., for appellee.

Before RUSSELL, PHILLIPS, and SPROUSE, Circuit Judges.

OPINION

PER CURIAM:

Appellant Katherine M. Nyonteh appeals from the district court's judgment following a bench trial. She contends that the district court erred in finding an insurance policy's incontestability clause inapplicable as a result of the policy being void due to fraudulent statements made in the insurance application. Appellee Peoples Life Insurance Company (Peoples) cross-appeals, contending that, even if it cannot contest the validity of the...

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