Maldonado v. First National Life Insurance Co.

OPINION.'

CARMODY, Justice.

We are here concerned with the liability of the defendant insurance company for the value of a policy, never written, but for which application was made and receipt issued for the initial first month’s premium. The trial court determined the policy should have issued, that the company was estopped to deny coverage, and that the failure to return the premium constituted'waiver of any claim of forfeiture.

Although the case was tried and briefed upon the basis, principally, of fraud and material misrepresentation in the application for insurance, we do not consider that…