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JACKSON v. NEW YORK LIFE INS. CO.

No. 4463.

7 F.2d 31 (1925)

JACKSON et al. v. NEW YORK LIFE INS. CO.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied September 14, 1925.

Attorney(s) appearing for the Case

Botts & Winslow, of Tillamook, Or., for plaintiffs in error.

Huntington, Wilson & Huntington, of Portland, Or., for defendant in error.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

GILBERT, Circuit Judge (after stating the facts as above).

The law applicable to the question here involved is fairly and we think correctly stated in 32 C. J. 1127, where it is said: "A policy of insurance is delivered to insured when it is deposited in the mails, duly directed to insured at his proper address and with postage prepaid, even though in fact he never receives it. Likewise the policy is constructively delivered when it is mailed to an agent unconditionally...

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