IN THE CIRCUIT COURT OF
DARROW COUNTY, NrTA
CryIL DIYISION
MARY L. DIXON,
Plaintiff,
VS COMPLAINT
PROVIDENTIAL LIFE
INSLIRANCE COMPANY,
Defendant.
The plaintiff for her complaint against the defendant alleges
FIRST CLAIM FOR RELIEF
1. At all times relevant to this case, the plaintiffwas, and still is, a resident of Darrow County, Nita.
2. The defendant was, and still is, a corporation engaged in the business of writing life insurance
contracts in the State of Nita.
3 . On or about November 2,YR-2, in consideration of a premium paid by John J. Dixon, the defendant issued a life insurance policy No. 712089 in which the defendant insured the life of John J.
Dixon and agreed to pay the beneficiary named in the policy the sum of $ 1,000,000 upon his death.
4. On or about November 11, YR-2, the insured, John J. Dixon, died.
5. The plaintiff, Mary L. Dixon, is the widow of the insured and is named in policy No. 712089 as
the beneficiary.
6. Life insurance policy No. 712089 was in fulI force and effect on the llth day of November,
YR-2, and the plaintiff has performed all conditions precedent required by the policy.
7. The defendant refuses to pay the plaintiff the sum of $1 million as required by the terms of the
life insurance contract upon the death of the insured.
WHEREFORE, the plaintiff demands judgment against the defendant in the sum of $1 million
together with interest and costs, for her first claim for relief.
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SECOND CLAIM FOR RELIEF
8. The plaintiff realleges paragraphs 1 through 7.
9. Life insurance policy No. 712089 provided for the payment of $l million to the beneficiary in
addition to the face amount of said policy upon the accidental death of the insured.
10. On or about November 11, YR-2, the insured, John J. Dixon, sustained an accidental injury that
resulted in his death on or about November 11, YR-2.
I 1 . The defendant refuses to pay the plaintiff the sum of $ 1 million as required by the terms of the
life insurance contract upon the accidental death of the insured.
WHEREFORE, the plaintiff demands judgment against the defendant in the sum of $1 million,
together with interest and costs, for her second claim for relief.
JURY DEMAND
The plaintiffdemands a trial by jury in this action.
MADDEN & WILLIAMS by
Attorneys for Plaintiff
401 Court Place
Nita Cifi Nita 99995
(12r) sss-4490
DAIED: March 2, YR-1
B National lnstitute for Trial Advocacy
vs.
IN THE CIRCUIT COURT OF
DARROW COUNTY, NITA
CIVILDIVISION
MARY L. DIXON,
Plaintiff,
ANSWER
PROVIDENTIAL LIFE
INSURANCE COMPANY,
Defendant.
The defendant for its answer to the plaintiff's complaint states:
I.
That the plaintiff's complaint fails to state a claim upon which relief can be granted.
il.
1. Admits the allegations contained in paragraphs 7-5,9.
2. Denies the allegations contained in paragraphs 6, 7 , 10, ll.
3. Life insurance policy No. 712089 provides in relevant part:
4. SUICIDE OF INSURED-If, within two years from the date of delivery
of this policy, the Insured shall die by his own hand or act, the liability
of the Company shall not exceed the amount of the premiums theretofore
paid on this policy.
4. Life insurance policy No. 712089 was issued and delivered to John J. Dixon on November 2,
YR-2.
5. The insured, John J. Dixon, died by his own hand or act on November 11, YR-2.
6. John J. Dixon obtained life insurance policy No. 712089 by fraud and deceit.
7. Providential Life Insurance Company has tendered payment of the premium paid as provided in
policy No. 712089 and has performed all its obligations under the life insurance contract.
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WHEREFORE, the defendant demands that the complaint be dismissed and judgment entered in
favor of the defendant with the costs and disbursements of this action.
BARRETT & SHAFFER
by
I
Ierwt
Attomeys for Defendant
Suite 600, Nita Bank Building
Nita City, Nita 99990
(721) sss-3000
DAIED: March 21, YR-l
't0 National lnstitute for Trial Advocacy