PRUDENTIAL INSURANCE CO. OF AMERICA v. SOMMERS

No. 19622.

365 P.2d 544 (1961)

PRUDENTIAL INSURANCE COMPANY OF AMERICA, a corporation, Plaintiff in Error, v. Herbert M. SOMMERS, Defendant in Error.

Supreme Court of Colorado. In Department.

Rehearing Denied October 30, 1961.


Attorney(s) appearing for the Case

Phelps & Wittelshofer, Wantland L. Sandel, Jr., Denver, for plaintiff in error.

David P. Strickler, Karl R. Ross, Kenneth W. Geddes, Roger D. Hunt, Colorado Springs, for defendant in error.


MOORE, Justice.

Plaintiff in error will be referred to as Prudential or as defendant. We will refer to defendant in error as Sommers or as plaintiff.

The complaint filed by Sommers in pertinent part alleged: That he was the owner and holder of six contracts of life insurance issued by Prudential; that he had paid all premiums and performed all agreements required of him; that each of the policies contained a provision...

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