THEROS v. METROPOLITAN LIFE INSURANCE COMPANY

No. 10124.

17 Utah 2d 205 (1965)

407 P.2d 685

CAROL J. THEROS, PLAINTIFF AND APPELLANT, v. METROPOLITAN LIFE INSURANCE COMPANY, A NEW YORK CORPORATION, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

November 15, 1965.


Attorney(s) appearing for the Case

Rawlings, Wallace, Roberts & Black, Warren M. Weggeland, Salt Lake City, for appellant.

Van Cott, Bagley, Cornwall & McCarthy, Grant H. Bagley, Salt Lake City, for respondent.


CALLISTER, Justice:

Andrew James Theros made written application for a life insurance policy with defendant insurance company through its agent, William Homer George, on May 28, 1960. The policy was issued without a medical examination, bearing date of July 1, 1960, and Theros died March 31, 1962 (within the two year contestable period contained in the policy). Plaintiff, widow of Theros and beneficiary under the policy, made claim with defendant who refused to honor...

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