HEER v. RESERVE LIFE INSURANCE CO.

No. 24782.

446 F.2d 873 (1971)

Carol Ruth HEER, Plaintiff-Appellee, v. RESERVE LIFE INSURANCE CO., a corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 16, 1971.


Attorney(s) appearing for the Case

Curtis W. Cutsforth (argued), of King, Miller, Anderson, Nash & Yerke, Portland, Or., Joe Bailey Humphreys, Dallas, Tex., for defendant-appellant.

Nels Peterson (argued), of Peterson, Chaivoe & Peterson, Portland, Or., Dwyer & Jensen, Eugene, Or., for plaintiff-appellee.

Before BROWNING, HUFSTEDLER and TRASK, Circuit Judges.


PER CURIAM:

Reserve Life Insurance Company ("Reserve") appeals from a judgment awarding appellee Heer recovery upon a conditional insurance contract.

Heer applied for a $20,000 insurance policy upon the life of her 49-day-old child. She paid Reserve's soliciting agent the initial premium of $19.58, and he gave her a conditional receipt. The receipt recited, among other things, that "if the Company at its Home Office after investigation shall be satisfied that...

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