Corral v. Fidelity Bankers Life Insurance

OPINION

HATHAWAY, Chief Judge.

Whether life insurance coverage existed at the time of the death of decedent, Alfredo Corral, no formal policy having issued, is the underlying question of this lawsuit. Summary judgment was entered in favor of defendant and against plaintiffs, decedent’s widow and surviving children.

We must determine whether summary judgment was improperly granted because (1) a material fact issue remains as to the existence of the principal-agent relationship between the insurance company and the local insurance sales office, and (2) the conditional receipt given to the decedent…