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SCHAEFER v. CALIFORNIA-WESTERN STATES LIFE INS.

Docket No. 31898.

262 Cal.App.2d 840 (1968)

69 Cal. Rptr. 183

JOHN M. SCHAEFER, Plaintiff, Cross-defendant and Appellant, v. CALIFORNIA-WESTERN STATES LIFE INSURANCE COMPANY, Defendant, Cross-complainant and Respondent.

Court of Appeals of California, Second District, Division One.

June 11, 1968.

Attorney(s) appearing for the Case

Alan J. Ludecke for Plaintiff, Cross-defendant and Appellant.

Adams, Duque & Hazeltine, Donald E. Pearson and David R. Carmichael for Defendant, Cross-complainant and Respondent.

FOURT, J.

John M. Schaefer appeals the determination of the trial court that he did not properly receive a permanent waiver of life insurance policy premiums and that the issuer, California-Western States Life Insurance Company (hereinafter sometimes referred to as Cal-Western) is entitled to reformation of the policy on grounds of mutual mistake.

Appellant contends that the incontestability clause of the policy...

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