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JOHN HANCOCK MUTUAL LIFE INS. CO. v. McNEILL

No. 1 CA-CIV 2888.

27 Ariz. App. 502 (1976)

556 P.2d 803

JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, Charles G. Hall, III, general agent for John Hancock Mutual Life Insurance Company; and Phillip Lippmann, special agent for John Hancock Life Insurance Company, Appellants and Cross-Appellees, v. Sylvia D. McNEILL, a widow, Cynthia Lori Keith, a minor, Lorraine Marie Keith, a minor, Shannon Noreen Keith, a minor, Cheryl Ann Keith, a minor, and James Craig Keith, a minor, by and through their guardian ad litem, Sylvia D. McNeill, Appellees and Cross-Appellants.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied October 22, 1976.

Petition for Review Denied November 30, 1976.

Attorney(s) appearing for the Case

Evans, Kitchel & Jenckes by Philip C. Tower, Phoenix, for appellants and cross-appellees.

Jones, Teilborg, Sanders, Haga & Parks by Frank A. Parks, Phoenix for appellees and cross-appellants.

JACOBSON, Presiding Judge.

In this appeal we are asked to determine whether a conditional receipt issued at the time of signing an application for life insurance created temporary insurance so as to have provided coverage upon death of the applicant which occurred prior to the company's determination of insurability.

This issue arose out of an action brought by appellee-plaintiff, Sylvia D. McNeill, widow of John R. McNeill as beneficiary of an alleged life...

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