Smither v. United Benefit Life Insurance

The opinion of the court was delivered by

Smith, J.:

This petition stated two causes of action, one to declare an application for an accident insurance policy actually to be a policy and the other to hold the insurance company for damages for delay in issuing a policy. Judgment was for the defendant on both causes of action. Plaintiff appeals.

The first cause of action after alleging the incorporation of defendant alleged that one Omer was its general agent and on or about January 13, 1945, Omer solicited Smither to buy accident insurance from defendant, which he agreed to do, and that Smither…