American Life Ins. Co. of Alabama v. Hutcheson

ALLEN, Circuit Judge.

This appeal arises out of a verdict and judgment in favor of appellee in an action upon two applications for life insurance made by appellee’s husband, hereinafter called the applicant, on October 10, 1935. The appellant company’s agent had issued so-called “binding receipts” dated October 11, 1935, upon payment of premiums. No policies were ever issued, and the applicant was killed by accident on October 26, 1935.

The case arises out of the following facts:

Flavius N. Hutcheson was insured under a life insurance policy issued by the Lincoln National Life Insurance Company…