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TRIPP v. THE RELIABLE LIFE INSURANCE CO.

No. 46,389

210 Kan. 33 (1972)

499 P.2d 1155

DONALD EUGENE TRIPP, Appellee, v. THE RELIABLE LIFE INSURANCE COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed July 19, 1972.

Attorney(s) appearing for the Case

Robert W. McKinley, Jr., of Swanson, Midgely, Jones, Eager & Gangwere, of Kansas City, Missouri, argued the cause, and John C. Thurlo, of the same firm, and Donald W. Vasos, of Scott, Daily & Vasos, of Kansas City, were with him on the brief for the appellant.

Frank D. Menghini, of Dear, Yarnevich & Carey, of Kansas City, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

OWSLEY, J.:

This action involves a family plan life insurance policy. Plaintiff prevailed in the trial court and defendant appeals. A determination of the issues on appeal depends on the effect of defendant's delay in acting on plaintiff's application for the policy.

Mr. Euwer, a collecting and soliciting agent for the defendant, and Mr. Graham, district manager for the defendant, met plaintiff

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