Nold v. Selmer Bank & Trust Co.

ON APPELLANT’S PETITION TO REHEAR

The plaintiff-appellant has filed a petition to rehear wherein she avers that this Court was in error when we stated in the original opinion that:

There is no proof that the insurer or its agent Hutcherson refused to issue a renewal certificate of credit life insurance on the life of Lester Nold. There is no proof that a renewal of that'insurance was requested by Mr. and Mrs. Nold, nor by the bank.

The plaintiff does not challenge the accuracy of the quoted statement, but insists that the answer of the insurer and the answer of the agént, Hutcherson, to the amended complaint filed by the appellant admits a refusal to renew the insurance coverage.

The amended complaint states that neither the plaintiff nor her deceased husband “were ever informed or notified by Joe T. *446Hutcherson from the inception of said note until the death of Lester Nold that the insurance policy was not in effect and no longer covered Lester Nold.” That allegation was countered by the defendant insurer and by Hutcherson in their answers to the amended complaint wherein they allege that they refused to issue or renew a certificate to Lester Nold.

A fact question was thus presented, but no proof was tendered on the issue. We adhere to the challenged quotation as set out in the original opinion.

The petition to rehear is denied at the cost of the petitioner.

NEARN, J., concurs.

CARNEY, P. J., not participating.