Elliott

On a prior appeal from a summary judgment entered in favor of defendant, we reversed the judgment and held that plaintiff was entitled to a trial on the question as to whether the policy issued to plaintiff’s husband had remained in effect under the clerical error provision contained therein. (Elliott v. Occidental Life Ins. Co. (1964) 225 Cal.App.2d 510 [ 37 Cal.Rptr. 525 ].)

We do not set forth the pleadings as the opinion heretofore rendered presents them fully.

Upon remand, the ease proceeded to trial before a jury, and the following evidence was produced:

On April 1, 1954, while he was an employee of the Oroweat Baking Company of San Francisco, Robert Elliott was issued an individual certificate of life insurance naming plaintiff as his beneficiary. The insurance in question was made avail able to Elliott under a pre-existing master policy which had been issued to the Western Conference of Teamsters for Bakery Driver-Salesmen in Northern California. The Oroweat Baking Company of San Francisco was a qualified sub-group under the master policy with the union.

The Oroweat Baking Company of San Francisco made one premium deduction on Elliott’s behalf and duly forwarded same…