Rosetta Caldwell v. American National Insurance Company

Rosetta Caldwell, widow of the decedent, Elmer Caldwell, appeals from a decision by Judge Devitt below in which he dismissed (Fed.Rules Civ.Proc. Rule 41(b) ) appellant’s claim of an alleged oral contract to insure the life of the decedent made between the Caldwells and appellee’s agent, Gordon Messerschmidt.

As a result of Messerschmidt’s solicitations, Caldwell submitted an application for a term 65 life insurance policy on January 3, 1969. The first month’s premium was paid but Caldwell failed to complete his medical examination within the 40 day post-application period prescribed by…