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SMITH v. WESTLAND LIFE INS. CO.

Docket No. S.F. 23205.

15 Cal.3d 111 (1975)

539 P.2d 433

123 Cal. Rptr. 649

DELORES J. SMITH, Individually and as Administratrix, etc., Plaintiff and Appellant, v. WESTLAND LIFE INSURANCE COMPANY, Defendant and Respondent.

Supreme Court of California. In Bank.

August 28, 1975.

Attorney(s) appearing for the Case

COUNSEL

Donald P. McCullum and Charles O. Triebel for Plaintiff and Appellant.

John R. Pascoe, Cullinan, Hancock, Rothert & Burns and Cushing, Cullinan, Hancock & Rothert for Defendant and Respondent.

OPINION

SULLIVAN, J.

Plaintiff Delores J. Smith brought this action as the widow and administratrix of the estate of Solomon Smith, Jr., against Westland Life Insurance Company1 (Westland) to recover $10,000 under a temporary life insurance contract allegedly insuring the life of her husband at the time of his death. Westland denied liability, claiming that no contract of insurance was in effect at the...

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