Louise L. Cobin v. Midland Mutual Life Insurance Company, a Corporation

Louise L. Cobin brought this action to recover, as beneficiary, the face amount of a policy of insurance issued on the life of her deceased husband, Leo Cobin. Jurisdiction was based on diversity of citizenship. The insurer and defendant, Midland Mutual Life Insurance Company, denied liability.

Trial was had without a jury, and judgment was entered for defendant. Plaintiff appeals, challenging certain findings of fact and conclusions of law. Plaintiff also contends, on appeal, that errors were committed in receiving certain evidence, in requiring that a specified allegation be included in the amended complaint, and in denying a motion to strike certain of defendant’s proposed interrogatories.

The case which appellant sought to prove may be stated as follows: On December 14, 1953, Leo Cobin applied for a policy of insurance upon his life, for the benefit of his wife, in the sum of $25,000, paying the first monthly premium in the sum of sixty-six dollars. Accepting this offer, the company, on February 11, 1954, executed and issued the policy as applied for, and delivered it to Cobin about the middle of February, 1954. After the policy had been delivered to him, Cobin gave it to…