Trotter v. PRUDENTIAL INSURANCE CO. OF AMERICA, INC.

Defendant-appellee’s counter-statement exhibits with clarity the question brought up by this appeal:

“Where both the application for a policy of life insurance and the ‘conditional receipt’ expressly provide that no insurance shall take effect unless the full first premium for the policy is paid, does the payment of $16.68 (the first monthly premium being $89.60) give rise to a cause of action for the proceeds (following death of the applicant) on a theory that acceptance of the application is to be implied from alleged unreasonable delay in acting thereon?”

There is no dispute about the facts.…