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PHILLIPS v. LIFE & CASUALTY CO. OF TENN.

16939

226 S.C. 336 (1954)

85 S.E.2d 197

DOROTHY L. PHILLIPS, Respondent, v. LIFE & CASUALTY COMPANY OF TENNESSEE, Appellant.

Supreme Court of South Carolina.

December 13, 1954.

Attorney(s) appearing for the Case

Messrs. Mann, Arnold & Mann, of Greenville, for Appellant.

Messrs. Wells & Maybank and Clarence A. Cappell, of Greenville, for Respondent.

December 13, 1954.

OXNER, Justice.

This is an action on a contract alleged to have been made by appellant insuring the life of respondent's infant daughter, Patricia Ann Phillips, for $1,000.00, and designating respondent as the beneficiary.

It is undisputed that no policy was ever issued. The theory of respondent is that under the terms of the application, the insurance became immediately effective upon payment of the initial premium. Appellant admitted...

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