Palmanteer
Palmanteer v. Foremost Life Ins. Co.
Opinion
Opinion
Paras, J.
Plaintiff appeals from an adverse summaiy judgment in her suit for insurance policy benefits and damages.
On May 2, 1973, plaintiff and her husband ordered a Levitt mobile home from Lloyd Korth of El Kay Mobile Homes in Isleton, California. Korth and the Palmanteers flew to the factory in Southern California and placed the order, specifying certain optional equipment, colors, and finishes.
On June 2, 1973, the Palmanteers applied to the Bank of Alex Brown for a loan to finance the transaction. On June 4, plaintiff placed an order for “credit life insurance” (Ins. Code, § 779.2, subd. (1)), with CMH Insurance of Stockton, California, asking its representative, Mike Bruen, to place a binder on the order. Bruen promptly informed plaintiff that the loan was covered by defendant.
On June 6, Mr. Palmanteer, who had been suffering from a heart condition, entered Stanford Medical Center for certain tests regarding the extent of the medical problem and the need for surgery. He died on June 7, while undergoing the tests. Subsequently, on July 11, 1973, the loan was funded to plaintiff alone, based upon her individual credit.