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NATIONAL LIFE & CASUALTY INSURANCE CO. v. MOWRE

No. 7022.

93 Ariz. 231 (1963)

379 P.2d 902

NATIONAL LIFE & CASUALTY INSURANCE CO., successor to Consolidated Benevolent Society, Appellant. v. Estil Lucas MOWRE, Appellee.

Supreme Court of Arizona. In Division.

March 21, 1963.

Attorney(s) appearing for the Case

Lewis, Roca, Scoville, Beauchamp & Linton, Phoenix, for appellant.

Burns & Ferrin, Phoenix, for appellee.

LOCKWOOD, Justice.

Appellant was defendant in a suit to collect on a life insurance policy. When the deceased first bought the policy it provided that the amount to be paid the beneficiary would be calculated under a pro rata clause as follows:

"All approved claims against the Society shall be paid within each 60-day period after the date of notice of death. All such claims shall be paid from the Mortuary and Reserve...

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