OCCIDENTAL LIFE INSURANCE COMPANY OF CALIFORNIA v. Templeton

Nichols, Presiding Judge.

1. The plaintiff’s petition alleged that the policy of insurance was issued on February 15, 1954, and that on December 3, 1954, the insured assigned the policy to the plaintiff. There was no allegation that the policy was in full force and effect or a direct allegation that the policy had been delivered to the insured. In support of its oral motion to dismiss the petition the defendant contends that in the absence of such allegations or in the absense of an allegation that the policy was in the possession of the plaintiff the petition was fatally defective.

The…