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TROTTER v. PRUDENTIAL INSURANCE CO. OF AMERICA, INC.

Calendar No. 14, Docket No. 50,561.

374 Mich. 682 (1965)

133 N.W.2d 182

TROTTER v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, INC.

Supreme Court of Michigan.

Decided March 1, 1965.

Attorney(s) appearing for the Case

D. Bruce Wistrand (Donald T. Butler, of counsel), for plaintiff.

Hoffman & Rubenstein (Gilbert Y. Rubenstein, of counsel), for defendant.

BLACK, J.

Defendant-appellee's counter-statement exhibits with clarity the question brought up by this appeal:

"Where both the application for a policy of life insurance and the `conditional receipt' expressly provide that no insurance shall take effect unless the full first premium for the policy is paid, does the payment of $16.68 (the first monthly premium being $89.60) give rise to a cause of action for the proceeds (following death of the applicant) on...

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