MUTUAL BENEFIT LIFE INS. CO. OF NEWARK, N. J. v. BAILEY


190 A.2d 757 (1963)

The MUTUAL BENEFIT LIFE INSURANCE COMPANY OF NEWARK, NEW JERSEY, a corporation of the State of New Jersey, Defendant Below, Appellant, v. Philip H. BAILEY, Plaintiff Below, Appellee.

Supreme Court of Delaware.

April 24, 1963.


Attorney(s) appearing for the Case

Thomas Herlihy, III, and Herman Cohen, Wilmington, for appellant.

Donald W. Booker and Alfred J. Lindh, Wilmington, for appellee.

SOUTHERLAND, C. J., and WOLCOTT and TERRY, JJ.


TERRY, Justice.

In the fall of 1953, plaintiff conferred with an independent insurance agent who solicited life insurance for defendant and other companies to discuss insurance for his young children. Plaintiff testified that his desire was to secure term insurance during the minority of his children which would enable him to pay burial expenses if any of the children died during their early years. The agent in question advised...

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