Fitzgerald v. Fitzgerald

On March 1, 1954, appellant issued to D. S. Edenfield its policy in the amount of $5,000.00, plus a family maintenance rider of $4225.00 payable to the appellee in the event of his death, for which he paid the premium of $344.60. At the same time, appellant on its own volition, prepared and offered Edenfield another policy in the amount of $5,000.00 payable to appellee, which he accepted and paid the premium of $280.15. This second policy was delivered on April 5, 1954. It appears that Edenfield executed an application for the first policy but none for the second. There was a medical examination of the insured for the first policy but none for the second. Edenfield died November 12, 1955 (within the two year contestable period provided in the policy) and appellee