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HAMMER v. INVESTORS LIFE INS. CO.

No. C3-92-1102.

511 N.W.2d 6 (1994)

Jean M. HAMMER, Respondent, v. INVESTORS LIFE INSURANCE COMPANY OF NORTH AMERICA, Petitioner, Appellant, James A. Ruf, Defendant.

Supreme Court of Minnesota.

January 14, 1994.

Attorney(s) appearing for the Case

David B. Potter, Fred Strasheim, Oppenheimer, Wolff & Donnelly, St. Paul, for appellant.

Jeremy S. Steiner, Vesely, Miller & Steiner, Hopkins, for respondent.

Heard, considered and decided by the court en banc.

TOMLJANOVICH, Justice.

Investors Life Insurance Company of North America appeals from the decision of the court of appeals affirming the judgment and post-trial order of the trial court, the effect of which required it to pay life insurance proceeds to Jean M. Hammer, the surviving spouse and beneficiary of the insured, Sheldon Hammer. We reverse and remand.

Sheldon Hammer submitted an application for a $50,000 nonsmoker's flexible premium adjustable life...

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