The National Life and Accident Insurance Company v. Verda A. Gorey

Verda A. Gorey, widow of George E. Gorey, resident of California, sued the defendant insurance company, a Tennessee corporation, on its policy numbered 2081957, issued on the life of her deceased husband on April 30, 1954, during his lifetime. The defendant pleaded' several defenses in support of its refusal to pay, and moved for a directed verdict. This was denied by the trial court. The jury’s verdict favored plaintiff. Defendant moved for a judgment non obstante veredicto, which was denied.

The facts are largely undisputed. As plaintiff’s case in chief, she introduced in evidence the policy, together with a stipulation of facts. Attached to the policy, and made a part thereof, was an “Application for Insurance,” signed by George E. Gorey as of April 14, 1954. That application contains in Part IV the following printed questions and written answers, the latter having been inserted by the company’s agent who sold the policy (one Haws):

The application further contains in Part VI, above the decedent’s signature, the following:

None was noted.

George E. Gorey, died on November 19,1955, nineteen months after the policy was issued. The death certificate in evidence showed, and it…