VARGAS v. PACIFIC NATIONAL LIFE ASSURANCE COMPANY

No. 8487.

441 P.2d 50 (1968)

79 N.M. 152

Vangie VARGAS, Plaintiff-Appellant, v. PACIFIC NATIONAL LIFE ASSURANCE COMPANY and E. Jaramillo, Defendants-Appellees.

Supreme Court of New Mexico.

May 20, 1968.


Attorney(s) appearing for the Case

Dolan & Clear and Robert H. McBride, Albuquerque, for appellant.

Rodey, Dickason, Sloan, Akin & Robb and John P. Eastham, Albuquerque, for appellees.


OPINION

MOISE, Justice.

We are here called upon to determine the legal effect of a "conditional premium receipt" issued to an applicant for life insurance which provides that under certain conditions the insurance shall be in effect from the date of application. The problem is one which has been many times before the courts of this country, see Annot., 2 A.L.R.2d 943 (1948), but we have never been called upon to consider it.

The facts in the instant...

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