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Pilot Life Insurance Co. v. Cudd

South Carolina Supreme Court

208 S.C. 6 (1945)

Facts

Ms. Cudd (defendant) was named as the beneficiary on a life-insurance policy for Lewis, her son, issued by Pilot Life Insurance Company (plaintiff). Lewis deployed as part of the United States Navy in 1942. A few months later, the Navy informed Mrs. Cudd that Lewis was missing. Then, the Navy sent another message that Lewis was presumed to have been killed in action and sent a certificate of presumptive death. Ms. Cudd sent that documentation to Pilot, which paid out approximately $1,000 in benefits under the policy. Several months after that, Lewis was discovered to be alive and was being held prisoner. Lewis eventually returned to the United States. Pilot was informed of this development and requested that Ms. Cudd return the life-insurance benefits. Ms. Cudd refused, and Pilot filed a lawsuit seeking restitution. The trial court ruled in favor of Pilot, and Ms. Cudd appealed.

Rule of Law

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Issue

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Holding and Reasoning (Taylor, J.)

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