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SCOTT v. FEDERAL LIFE INS. CO.

Docket No. 25199.

200 Cal.App.2d 384 (1962)

ADA L. SCOTT, as Executrix, etc., Plaintiff and Respondent, v. FEDERAL LIFE INSURANCE COMPANY, Defendant and Appellant.

Court of Appeals of California, Second District, Division Two.

February 16, 1962.

Attorney(s) appearing for the Case

Betts, Ely & Loomis and Ingall W. Bull, Jr., for Defendant and Appellant.

D. Wendell Reid and W. Eugene Henry for Plaintiff and Respondent.

HERNDON, J.

This action is brought to recover on a policy of life insurance. The cause was tried by the court without a jury and judgment entered in favor of plaintiff-respondent, the named beneficiary.

The policy contains the usual forfeiture clause. The defense was that the policy had been forfeited prior to the death of the insured for nonpayment of premiums. The court found waiver and estoppel on the part of defendant-appellant, the

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