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MALDONADO v. FIRST NATIONAL LIFE INSURANCE CO.

No. 8544.

443 P.2d 744 (1968)

79 N.M. 354

Margaret MALDONADO, Plaintiff-Appellee, v. FIRST NATIONAL LIFE INSURANCE COMPANY, a corporation, Defendant-Appellant.

Supreme Court of New Mexico.

July 15, 1968.

Attorney(s) appearing for the Case

W.A. Keleher, T.B. Keleher, Michael L. Keleher, Albuquerque, for defendant-appellant.

Thomas M. Thompson, Albuquerque, for plaintiff-appellee.

OPINION

CARMODY, Justice.

We are here concerned with the liability of the defendant insurance company for the value of a policy, never written, but for which application was made and receipt issued for the initial first month's premium. The trial court determined the policy should have issued, that the company was estopped to deny coverage, and that the failure to return the premium constituted waiver of any claim of forfeiture.

Although the case...

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