Colontuono v. State Farm Insurance

delivered tire opinion of the court:

The plaintiff and his brother Frank were partners in the operation of a gasoline station. Upon the solicitation of Frank Kolavo, an agent for defendant insurance company, plaintiff agreed to purchase an insurance policy on the life of his brother, Frank Colontuono. He paid a six-month premium in the amount of $52.10 and made application for the policy. At that time Kolavo assured plaintiff verbally that the insurance would take effect immediately. Frank Colontuono was killed six days after the date of application, and the defendant refused to pay plaintiff…