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HERDMAN v. NATIONAL RESERVE LIFE INSURANCE CO.

Nos. 11151, 11154.

209 N.W.2d 364 (1973)

Lucille HERDMAN, Plaintiff, Respondent and Cross-Appellant, v. NATIONAL RESERVE LIFE INSURANCE COMPANY, Defendant, Appellant and Cross-Respondent.

Supreme Court of South Dakota.

Rehearing Denied August 15, 1973.

Attorney(s) appearing for the Case

Thomas E. Simmons, Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for plaintiff, respondent and cross-appellant.

Robert C. Heege, Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant, appellant and cross-respondent.

MILLER, Circuit Judge.

Plaintiff commenced this action to recover the proceeds of a life insurance policy issued on the life of her husband in which she was the named beneficiary. The defense was that the deceased insured, in his application for said policy, had given false and misleading answers to the questions therein, which were material to the risk and which induced defendant to issue the policy which it would not...

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