Wernecke v. Pacific Fidelity Life Insurance

I concur that the judgment of nonsuit *889should be reversed, but for reasons other than those upon which the majority opinion rests.

The action was by the beneficiary named in an application for insurance by an applicant who met his death by accident the day following the making of the application and the issuance to him of a receipt, the language of which, almost in full, is set out in the majority opinion. I agree with the trial court that the language of the receipt is unambiguous.

However, the amended complaint here alleged the satisfaction of the conditions set forth in the receipt; the…