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eBook details

• Title: Western & Southern Life Ins. Co. Et Al. V.
• Author : In Banc Appellate Court of Indiana
• Release Date : January 14, 1946
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

HAMILTON, Judge. This is an appeal from a final judgment rendered in an action instituted by appellee against the appellants. The complaint was in two paragraphs. The first paragraph sought recovery on the basis of an alleged oral agreement and contract of insurance alleged to have been entered into on August 6, 1941, between appellants and one Gilbert P. Lottes, deceased, husband of appellee, whereby appellants agreed to insure the life of said Gilbert P. Lottes, with appellee named as the beneficiary. The second paragraph of complaint sought recovery against both appellants upon the basis of a written application for insurance signed by the said Gilbert P. Lottes on August 6, 1941, and a receipt for the first quarterly premium due on said policy of insurance. Recovery was sought against appellant, Lee M. Potts, as agent of The Western and Southern Life Insurance Company, and against the latter appellant on the theory that it was bound by the acts of its agent, Lee M. Potts, and by the terms and provisions of the written application and receipt which provided that the insurance applied for would be in full force and effect from the date of the execution of the application and the payment in full of the first quarterly premium on the policy of insurance applied for until such time as said appellant insurance company either accepted or rejected said application within a period of 45 days. The second paragraph of complaint alleged that the insured, Gilbert P. Lottes, paid to Lee M. Potts, agent of the appellant insurance company, the sum of $6 in full payment of the first quarterly premium on the policy of insurance applied for in the application. The second paragraph of complaint further alleged that the said Gilbert P. Lottes was accidentally killed on August 9, 1941, without said application for

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