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THOMPSON v. OCCIDENTAL LIFE INS. CO.

Docket No. S.F. 22951.

9 Cal.3d 904 (1973)

513 P.2d 353

109 Cal. Rptr. 473

RUTH M. THOMPSON, Plaintiff and Respondent, v. OCCIDENTAL LIFE INSURANCE COMPANY OF CALIFORNIA, Defendant and Appellant.

Supreme Court of California. In Bank.

August 27, 1973.

Attorney(s) appearing for the Case

COUNSEL

Sullivan, Roche & Johnson, Theodore A. Kolb, Gerald J. O'Connor and Ronald H. Kahn for Defendant and Appellant.

Bennett, Van De Poel, Campbell & Ginder, Bryant M. Bennett and Joan Mendelson Sautter for Plaintiff and Respondent.

OPINION

BURKE, J.

We are asked to decide whether, under the particular facts of this case, a contract of life insurance existed between plaintiff's deceased spouse and defendant insurance company, and if so, whether decedent's alleged misrepresentations regarding the state of his health and past medical history rendered that contract void and unenforceable. The trial court, aided by an advisory...

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