PRUDENTIAL INSURANCE COMPANY OF AMERICA v. RICKLEY

No. 5534.

245 F.2d 881 (1957)

The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Appellant, v. Margaret E. RICKLEY, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied July 19, 1957.


Attorney(s) appearing for the Case

Wantland L. Sandel, Jr., Denver, Colo. (Horace F. Phelps (of Phelps & Wittelshofer), Denver, Colo., on the brief), for appellant.

Wm. Hedges Robinson, Jr., Denver, Colo., for appellee.

Before PHILLIPS, PICKETT and LEWIS, Circuit Judges.


PICKETT, Circuit Judge.

The plaintiff, as the beneficiary named in a $5,000 insurance policy issued by the defendant insurance company in Colorado on the life of her son, brought this action to recover the proceeds of the policy. This is an appeal from a judgment in favor of the plaintiff.

The policy was dated January 24, 1952, but it is conceded that the first annual premium was not paid or the policy delivered until a later date. The application provides...

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