Columbian National Life Insurance v. McClain

We who dissent from the court opinion do so because we do not believe this case is controlled by Shinall v. Prudential Insurance Co., 91 Colo. 194, 14 P. (2d) 183. An examination of the opinion in that case shows that the two principal cases cited in support thereof are Prudential Ins. Co. v. Stewart, 237 Fed. 70, and Halsey v. American Central Life Ins. Co., 258 Mo. 659, 167 S.W. 951. These two cases and the Shinall case are alike in the following salient features: (1) There was a variance between the effective date of the policy as expressed in the application and the date of the policy…