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HARTE v. UNITED BENEFIT LIFE INS. CO.

Docket No. S.F. 22411.

66 Cal.2d 148 (1967)

424 P.2d 329

56 Cal. Rptr. 889

MARCELLA HARTE, Plaintiff and Appellant, v. UNITED BENEFIT LIFE INSURANCE CO., Defendant and Respondent.

Supreme Court of California. In Bank.

March 10, 1967.

Attorney(s) appearing for the Case

Nino & Filice and William G. Filice for Plaintiff and Appellant.

Harold C. Nachtrieb, Allan, Miller, Groezinger, Keesling & Martin and Miller, Groezinger, Pettit, Evers & Martin for Defendant and Respondent.

MOSK, J.

Plaintiff, Marcella Harte, is the beneficiary of a policy of life insurance issued to her husband, Jacques H. Harte, by defendant United Benefit Life Insurance Co. (hereinafter United). Harte died in April 1962, and plaintiff brought this action after United refused to pay death benefits under the policy.

The application for the policy contains a clause to the effect that United would not be liable until a policy was delivered to and accepted by Harte...

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