PRINCE v. WESTERN EMPIRE LIFE INSURANCE COMPANY

No. 10671.

19 Utah 2d 174 (1967)

428 P.2d 163

MARIAN G. PRINCE, PLAINTIFF AND APPELLANT, v. WESTERN EMPIRE LIFE INSURANCE COMPANY, A CORPORATION, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

June 1, 1967.


Attorney(s) appearing for the Case

F. Clayton Nelson, St. George, Alfred K. Hambrick, Spencer, Okl., for appellant.

John S. Boyden, Salt Lake City, for respondent.


ELLETT, Justice:

This case involves the question of how effective is a "binding receipt" in the State of Utah.

On September 19, 1960, Doctor Robert Alpine Prince, a 37-year-old dentist, the husband of the plaintiff herein, filed an application with the defendant for an insurance policy on his life in the amount of $100,000. He paid the premium thereon for one year in advance and received a slip of paper known as a binding receipt. This slip of paper, after...

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