Philbrick v. Puritan Corporation

I respectfully dissent from the majority opinion. It appears to me that if the evidence which was offered by the defendants was not admissible under the allegations contained in the answer, as the opinion infers, it was not necessary for this court to discuss the question of whether that evidence would be sufficient to constitute the transaction a contract of insurance. It is therefore not clear to me whether on this point the court im tends to overrule several of its prior decisions, among them Hunt v. W. T. Rawleigh Medical Co., 71 Okla. 193, 176 P. 410, which announced the general rule…