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KIMMEL v. WESTERN RESERVE LIFE ASSUR. CO. OF OHIO

No. 10-1336.

627 F.3d 607 (2010)

June KIMMEL, individually and as Personal Representative of the Estate of Richard Kimmel, Plaintiff-Appellant, v. WESTERN RESERVE LIFE ASSURANCE COMPANY OF OHIO, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 23, 2010.

Attorney(s) appearing for the Case

Richard M. Davis , Kevin G.L. Kerr (argued), Attorneys, Hoeppner, Wagner & Evans, Valparaiso, IN, for Plaintiff-Appellant.

Terence M. Austgen (argued), Attorney, Singleton, Crist, Austgen & Sears, Munster, IN, for Defendant-Appellee.

Before MANION, TINDER, and HAMILTON, Circuit Judges.

HAMILTON, Circuit Judge.

On November 13, 2006, Richard Kimmel applied for a $500,000 life insurance policy from Western Reserve Life Assurance Company and paid an initial premium. In return for his application and payment, he received a conditional receipt. Both Richard's application and the conditional receipt contained a clause that expressly terminated after 60 days any life insurance coverage provided by the company pending its review of Richard's application...

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