CARTWRIGHT v. MACCABEES MUT. LIFE INS. CO.

Docket No. 20575.

65 Mich. App. 670 (1975)

238 N.W.2d 368

CARTWRIGHT v. MACCABEES MUTUAL LIFE INSURANCE COMPANY. ESTATE OF CARTWRIGHT v. MACCABEES MUTUAL LIFE INSURANCE COMPANY.

Michigan Court of Appeals.

Decided November 24, 1975.


Attorney(s) appearing for the Case

Kelman, Loria, Downing, Schneider & Simpson, for plaintiff.

Honigman, Miller, Schwartz & Cohn (by James K. Robinson), for defendant.

Before: T.M. BURNS, P.J., and QUINN and M.J. KELLY, JJ.


Leave to appeal applied for.

M.J. KELLY, J.

This action was filed to recover the proceeds of an insurance policy that was never issued. The action was based on a conditional receipt given by the agent at the time the application for insurance was filed and an advance premium paid. The jury verdict was no cause of action. Judgment was entered thereon and plaintiff appeals.

On November 4, 1969, defendant's agent solicited a life insurance application...

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