Gem State Mutual Life Ass'n v. O'Connell

SMITH, Justice.

Respondent is a mutual benefit life association organized and existing pursuant to Idaho Code Title 41, Chapter 31. It cannot issue a policy unless the form be first approved by appellant, hereinafter called the Commissioner.

*537Respondent in this proceeding made application for the Commissioner’s approval of a proposed form of policy, hereinafter referred to as the proposed policy, differing mainly from respondent’s form of approved “standard” policy, issued upon the assessment plan, in that the phrase, “$500.00 Funeral Benefit” appears on the first page of the proposed policy,…