Progressive Enterprises, Inc. v. New England Mutual Life Insurance Company

I respectfully dissent.

I first note that the opinion, on page 1058, indicates that “[t]he insured Ralph N. Wood, Sr. applied for a policy of ordinary life insurance on April 9, 1971,” and it appears from the record that the application was made by the appellant, Progressive En*1061terprises, being signed by Clarence Wood on behalf of the plaintiff as applicant, and by Ralph Norris Wood, Sr., as the proposed insured.

I further note that the opinion, again on page 1058, recites that “[t]he agent for the insurance company issued a Conditional Receipt in the amount of $362.77 on April 16, 1971.” The…