Rogers v. Great-West Life Assur. Co.

JOHNSEN, Circuit Judge.

The beneficiary in a life insurance policy has appealed from a summary judgment entered against her in a suit on the policy.

The company’s motion for summary judgment was predicated upon the insured’s agreement in the application that the policy should not take effect “until the same is delivered and the first premium thereon paid to the Company, no change having taken place in the insurability of my life subsequent to the completion of this application.” For purposes of the motion, the parties had made a written stipulation of the facts as to the delivery of the policy…