Kimmel v. Western Reserve Life Assur. Co. of Ohio

HAMILTON, Circuit Judge.

On November 13, 2006, Richard Kimmel applied for a $500,000 life insurance policy from Western Reserve Life Assurance Company and paid an initial premium. In return for his application and payment, he received a conditional receipt. Both Richard’s application and the conditional receipt contained a clause that expressly terminated after 60 days any life insurance coverage provided by the company pending its review of Richard’s application. Sixty days then passed without Western Reserve either accepting or rejecting Richard’s application. On February 26, 2007, Richard…