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JACKSON NAT. LIFE INS. CO. v. RECECONI

No. 19498.

827 P.2d 118 (1992)

113 N.M. 403

JACKSON NATIONAL LIFE INSURANCE COMPANY, Plaintiff-Appellant and Cross-Appellee, v. Debrot RECECONI, Defendant-Appellee and Cross-Appellant, and Eugene W. Peirce, Jr., Defendant-Appellee.

Supreme Court of New Mexico.

February 24, 1992.

Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, Michael J. Condon, Albuquerque, for appellant.

Jones, Snead, Wertheim, Rodriguez & Wentworth, Steven L. Tucker, Santa Fe, for appellee Receconi.

Daniel J. O'Friel, Santa Fe, for appellee Peirce.

OPINION

MONTGOMERY, Justice.

Decision of this appeal turns primarily on whether an express condition precedent in an application for a life insurance policy was waived by the insurance company through its soliciting agent. The condition required that the health of the insured remain as represented in the insured's application, which it did not; and the agent, with knowledge of the insured's deteriorated health, requested the first premium payment and forwarded...

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