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SUNSET LIFE INSURANCE CO. OF AMERICA v. CROSBY

No. 9127.

380 P.2d 9 (1963)

SUNSET LIFE INSURANCE COMPANY OF AMERICA, a corporation, Plaintiff-Appellant, v. Josephine C. CROSBY, Defendant-Respondent.

Supreme Court of Idaho.

March 21, 1963.

Attorney(s) appearing for the Case

Richards, Haga & Eberle, Boise, for appellant.

Givens, O'Leary, Doane & Givens, Boise, for respondent.

TAYLOR, Justice.

Plaintiff (appellant) brought this action to obtain a judgment cancelling a life insurance policy issued by it April 8, 1955, insuring the life of Roy C. Crosby in the amount of $5000. The policy lapsed on September 8, 1956, for failure to pay the monthly premium due August 8, 1956. About September 9, 1956, the plaintiff mailed to insured a "Special Reinstatement Offer" containing the following proposal:

"The past-due payment will still be...

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