Guerin

Guerin v. California Western States Life Insurance

Good Law
1964 Cal. App. LEXIS 990·229 Cal. App. 2d 325·40 Cal. Rptr. 344
Court of Appeal of CaliforniaAugust 21, 1964Civ. 27864California3,893 words

Opinion

Opinion

Herndon, J.

Defendant, the insurer, appeals from the judgment entered against it following a nonjury trial in which it was determined that it was liable for payment of certain specified benefits due to respondent as beneficiary under a group insurance policy issued to his father. Appellant challenges the reasonableness of the interpretations placed upon certain terms of its policy by the trial court and the sufficiency of the evidence to sustain certain findings of fact made by the trial court on the issue of estoppel.

Respondent is the son of Joseph P. Guerin, who, during his lifetime and until the time of his death on August 24,1962, was an active member of the State Bar of California. The insurance in question was issued by appellant under The State Bar of California Life Insurance Program in July of 1958, wherein and whereby appellant insured the life of Joseph P. Guerin in the sum of $10,000. Following the insured’s death in 1962, appellant refused to make any payment on this policy and the present action followed. Appellant insurer filed its answer, alleging that the effective date of the policy was July 1, 1958; that the policy provided for the payment of a semi-annual premium of $120…

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