OCR Text |
Show TNK FOU" PAtiE In The Supreme Court Of The State Of Utah Trust Deeds Thomas O Kreek etux to Draper Bk 7,1.09.40 150 N ; State 037 146 039 Robt C Gillespie etux to 147 Sec Title 16, 700. 7130 S 1380 W 041 Richard B Archuleta etux to 1st Sec Bk 16, 1321 Tamarack William Neil Atkin etux to PFS 28,350. 066 068 174 000. PFS W Willden etux to Lkht Th 2,261.54 2461 Simpson Oscar John Norman Hes el tine etux to Lkht Th 5, 171. 1204 E 10600 S Rudolf D Lindgren etux to St Sav ia000. 1472 Sherman 183 James L Limbacher etux to Home Benefit 23,10a Moor 1756 Meadow Leonard A Dischner etux tc 1st Sec Bk 29,000. 074 196 Kings Row i, 375, 076 Arnold S Davis etux to 1st Sec Bk 22, 000. L Larson etux to Peter 078 West Sav 25, 1400 E 5935 S 080 200. Robt Van Komen etux to PFS 28,25a 084 Treas Home Bldrs to PFS T Roberts etux to 1st Fed Sav 13,60a 320 E Carole Fredrick 209 Dougals Jensen etux to Valley Bk 4,464.18 217 Bill A Yingling etux to 1st Fed Sav 13,400. 1814 S 9th E 226 Jacob Walstra etux to West Sav 56,00a 26, 8001 9th E 1253 S 067 to Sec Title 2 OB E 3215 S 3043 oo a Merrill W Harward etux to PFS 30,000. 228 Jessica May Shelton to Title Ins 3,84a 76 1553 S 8th E 090 Jess C Kone etux to Home 232 Kenneth E Thayn etux to American Equity 12, 525. Benefit Sav 13,50a 1786 W 4700 S 091 2021 David K Clark etux to St Sav b Ln 2fi 00a 233 Banair 4821 241 West Sav 15, 800. 12433 S 1300 W 107 Ditto 12,45a Joseph K Neils on etux to 244 Robt John Knuchel etux to McGhie Land 17,50a McGhie Land 17,60a 2989 Maple 3119 S 4140 W Floyd Quintnana etux to McGhie Land 16, 500. 5061 Elaine 246 Roger L Mace etux to McGhie Land 17, 30a David L Guevara etux to McGhie Land 16, 200. 263 109 111 2700 S PFS 3a 000. Wm E Cowles etux to 3902 7873 S 3725 W 112 Jr John Pavich ContBk 122 etux to 267 Roosevelt Stephen W Burke etux to 1st Fed Sav 22, 2(D. 271 Hartford Edward Jager etux to 1st Fed Sav 22, 80X 4644 Lanark T Scott Hendricks etux to 280 Joseph R Biedinger etal to West Mtge 13,500. 4684 W 3650 S PFS 32,45a 141 Vera L Chapman etux to 1st Fed Sav 4,70a 2420- - 2681 133 Ronnie Stanley Taylor etux to Zions 1st Nat 25, 65a 28 E 21st S 2420- 115 Boot Hill 10B23 S 1540 W 2,100. Larry L Bolinder to Valley Bk 18, 50a 281 Johnson etux to Lkht Th 1,198. 2002 Douglas 287 David Hogan etux to Lkht Th 7,186. 1700 W 295 Richard W Moyle etux to Zions 1st Nat 15, 000. 4657 S 3250 W 144 Carl DeMill etux to Wlkr Bk 6,842. 970 S 143 S 3609 R Morgan etux to Lkht Th 5,000. 632 16th Ave Jerrold INSURANCE SURETY BONDS 297 Dover Hill Ronald L Turner etux to Home Benefit 16, 80a 9831 S 415 E I 309 - Lynn Crane Smith etux to United Sav 26,300. 1684 E 12700 S 328 George W Young etux to Wlkr Bk 5,854.80 1244 COMPREHENSIVE CENERAL LIABILITY 331 .BUSINESS INTERRUPTION E INFIDELITY BUILDING, BOILER AND MACHINERY ACCOUNTS RECEIVABLE-VALUABL- E PAPERS FILED November 24, 1971 CROCKETT. Justice: Plaintiff, Joan Moore, sued Prudential Insurance Company to recover as beneficiary on a life insurance policy of $12, 000 covering the death of her former husband, Douglas G. Ridd. Prudential sought to avoid the policy obligation, claiming that there had been no acceptance of the policy by the insured, and that it had been obtaihed by misrepresentations in the application. A jury found for the plaintiff. Prudential appeals. In 1967 Prudential's agent, Edward L. Foster, came to plaintiff's home in Salt Lake City and solicited her then husband, Douglas G. Ridd, to reinstate a previously existing policy and to apply for another life policy, to which he agreed. An application was filled out, including examination by a Dr. August L. Jung, employed by Prudential, and the first premium was paid. 'Pursuant to the application. Prudential issued the new life policy, stated by its terms to be effective July 13, 1967, and mailed the policy to the agent Mr. Foster in Salt Lake City for delivery to Mr. Ridd. However, it did not arrive until July 21, so Mr. Foster decided not to deliver it until after the July 24 holiday, Utah Pioneer Day, weekend. On July 22 Mr. Ridd was vacationing with his family at Bear Lake. At about seven o'clock that evening he suffered a heart attack. He was taken to die hospital at Montpelier, Idaho, where he died at eleven o'clock that night. On the death certificate the attending physician. Dr. Reed Rich, listed the cause of death as coronary thrombosis. About three months after Ridd's death, Prudential informed Mrs. Ridd that it would not make payment under the policy. In its attempt to avoid liability on the ground that the policy was not accepted by the deceased, defendant relies on a provision therein that the insurance shall not take effect unless: accepted by the proposed insured proposed insured's lifetime . . . Ridgedale Atthur G Hyenas etux to Valley Bk 5, 00a states: in accordance with and subject to the terms and conditions of the policy, shall be deemed to have taken effect as of the policy date stated in the policy Emphasis added. i This provision further emphasizes that it was not unreasonable to conclude that the policy was effective on the date it expressly Btated: July 13, 1967. The Company having so fashioned the policy and issued it, if there is uncertainty or duplicity in its terms, it should be construed in favor of the insured. We are in agreement with the view which harmonizes with the verdict of the jury and the judgment of the trial court: that under the circumstances shown here, the defendant should not be permitted to use the lack of physical delivery of the policy oyer a weekend, a fact which seems quite unrelated to any part of the consideration it was to receive for the policy, to avoid the obligation it had undertaken as of the date stated in the policy. . . and The other ground upon which defendant Prudential seeks to avoid liability under the policy: that of misrepresentations in the application, relates to answers given in connection with the physical examination by Dr. August Jung, employed by Prudential. Using Prudential's standard physical applica- -' tion form, the doctor asked Mr. Ridd a list of questions concerning his condition of health and medical history. Those pertinent here are: 5. Mi f SURETY BONDS South Trmph. JMr Ukr City F Call lh 6. 343 Dan P Olson to Zions 1st INSURANCE r Nat 5,00a 584 De Soto 363 Gene A Lewis etux to West Sav 19, 00a j 7693 S 3rd E Have you ever been treated by any physician or other practitioner for or had. any known indication of: b) nervous or mental disorder, paralysis, or severe or frequent headaches 7 c) epilepsy, convulsions, dizzy spells, or loss of consciousness? 336 Rex H Dennis etux to Valley Bk 52, 60a 9,50a Moreton & Company during the It is further to be observed that in addition to the provision relied upon by the defendant, the same paragraph specified other conditions and 4149 S 5400 W 338 Pauline Poole to PFS Fred A. .... . . . Hie application for and the issuance of an insurance policy is a matter of contract and is governed by the rules thereof. When a party (the applicant) has given and done all he agreed to do which will benefit the other party (the Company), that constitutes his consideration for the contract. This condition was fulfilled by completing and submitting the application, and paying the premium to the Company; and this was certainly sufficient indication of his willingness to accept the policy to assure that there was no doubt about that fact. When the Company had received the premium, approved the application, and issued the policy, that would seem to be sufficient acceptance on its part to indicate a meeting of the minds on the contract and thus commit the insurance as of July 13, 1967, as stated in the policy. 1 This having been done and the policy delivered to the agent, whetner the latter retained it on his own 1. See Krause v. Washington National Insurance Co., 468 P. 2d 513, 517, desk over the weekend, or delivered it to Mr. Ridd, would seem to have no relationship to what the company was to receive lor the insurance coverage. In fact, there would be nothing unnatural or unfair in indulging the assumption that the deceased should be able to rely upon the agent, Mr. Foster, to whom he was looking to handle his insurance busir.ri.ss, to receive the policy for him to hold until it could be delivered. STOCK & EQUIPMENT AUTO L. M. Cummings, Clerk Defendant and Appellant. .... Ditto 282 Ditto 142 Wm R No. 12388 Prudential Insurance Company of America, 234 Ditto 13,90a James L Clahoun etux to 099 E Plaintiff and Respondent, v. Land to David E West i9,ooa 13,500. Joan B. Moore, 04 177 Inv Kenneth K Johnson etux to THURSDAY, DECEMBER 2, 1971 DAILY RECORD Have you ever been treated by any physician or other practitioner for or had any known indication of any disease or disorder of any of the following not discussed in the answers to Question 5: c) brain or nervous system? . 9. Other than as disclosed in the answers to Questions through 8, have you, within the past 5 years, ever 5 |