Tripp v. the Reliable Life Insurance Co.

The opinion of the court was delivered by

Owsley, J.:

This action involves a family plan life insurance policy. Plaintiff prevailed in the trial court and defendant appeals. A determination of the issues on appeal depends on the effect of defendant’s delay in acting on plaintiff’s application for the policy.

Mr. Euwer, a collecting and soliciting agent for the defendant, and Mr. Graham, district manager for the defendant, met plaintiff *34at his mother-in-law’s home and while there Graham filled out an application for insurance. After the application was completed by Graham, Euwer made the…