Mofrad v. New York Life Ins. Co.
Decision Date | 01 September 1953 |
Docket Number | No. 4605.,4605. |
Citation | 206 F.2d 491 |
Parties | MOFRAD et al. v. NEW YORK LIFE INS. CO. |
Court | U.S. Court of Appeals — Tenth Circuit |
Jackson B. Howard, Provo, Utah, and K. Jay Holdsworth, Salt Lake City, Utah, for appellants.
George A. Critchlow, Salt Lake City, Utah, for appellee.
Before PHILLIPS, Chief Judge, and BRATTON and MURRAH, Circuit Judges.
Appellants appeal from a judgment for the appellee insurance company on a directed verdict. The facts are practically undisputed and the sole question is whether appellee entered into a contract to insure the life of appellants' son.
At the solicitation of appellee's agent, Abolfazl Mohassel Mofrad, a native of Iran attending Brigham Young University in Provo, Utah, made application for a life insurance policy in the amount of $9,000.00 with double indemnity for accidental death. This application dated November 18, 1948, contained the following pertinent provisions of agreement between the parties:
Part 3 of the application referred to in the agreement provided that the policy should be written to take effect as of the date of the application. Upon signing the application, the applicant paid the agent an amount requested as the first monthly premium, and the agent delivered the coupon receipt to the applicant. This receipt also contained the quoted agreement between the parties and stated that the company was bound under the terms thereof.
The agent, who was new with the company and not sure of the procedure in taking applications, also filled in the non-medical portion, not remembering that, according to his rate book, such policies could be written only up to a maximum amount of $5,000.00 for an applicant of Mofrad's age. But the agent advised Mofrad he would have to take a physical and in fact made several appointments with authorized physicians for Mofrad. Mofrad never had a physical examination apparently due to the press of personal matters. After the company received the application with the premium, and noted the amount of insurance being requested, they reminded the agent that non-medical policies could be written for not to exceed $5,000.00 and advised the agent to have Mofrad take a physical. The agent replied that an appointment had been made.
Mofrad died December 4, 1948 as a result of injuries sustained in an automobile accident, and the appellants as beneficiaries named in the application seek to hold the company liable on the theory that the payment of the premium upon filing the application and the delivery of the receipt constituted an interim contract of insurance effective from the date of the application. Appellants contend that under the terms of the agreement considered in relation to Part 3 of the application, the only reasonable construction is that the company assumed the risk of insuring Mofrad from the date of the application under a so-called "binder receipt"; that otherwise the agreement is ambiguous; that the purpose...
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