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RIVOTA v. FIDELITY & GUARANTY LIFE INSURANCE COMPANY

No. 73-1455.

497 F.2d 1225 (1974)

Maria RIVOTA, Administrator of the Estate of Jesus H. Rivota, Deceased, and Maria Rivota, in her own Individual Capacity, Plaintiff-Appellant, v. FIDELITY & GUARANTY LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 31, 1974.

Attorney(s) appearing for the Case

William D. Klink, Chicago, Ill., for plaintiff-appellant.

Robert L. Kiesler, Chicago, Ill., for defendant-appellee.

Before HASTINGS, Senior Circuit Judge, and CUMMINGS and STEVENS, Circuit Judges.

HASTINGS, Senior Circuit Judge.

On November 8, 1971, Jesus Rivota applied to defendant Fidelity & Guaranty Life Insurance Company for a twenty-year term life insurance policy upon his own life in the amount of $21,000. His wife, Maria Rivota, was named in the application as the primary beneficiary. Mr. Rivota paid $36.72 to defendant's agent for interim protection and received in exchange a "conditional receipt." On November 17, 1971, before the application was...

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