[Download] "North Carolina v. Bruce" by Court of Appeals of North Carolina " Book PDF Kindle ePub Free
eBook details
- Title: North Carolina v. Bruce
- Author : Court of Appeals of North Carolina
- Release Date : January 21, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
On April 4, 1949, Lewis J. Mann made application to the Policyholders National Life Insurance Company, a foreign life insurance corporation with headquarters at Sioux Falls, South Dakota, duly licensed to do business in North Dakota, for a policy of life insurance in the amount of $2500.00. The application was taken by its general agent who gave Mann a receipt for the first premium. Mann designated his wife, Marjory R. Mann, this plaintiff, as beneficiary. He was given a physical examination on April 14, 1949, by the doctor designated by the insurance company. The doctor testified he found Mann in good physical condition. Some errors, however, crept into the report of that medical examiner. Such report was not received at the home office of the company until May 2, 1949. It was not returned to the doctor but some attempt was then made by the employees of the company to get a correction of the errors or a further medical examination. Whether because of the manner in which defendants agents tried to do that or because of Manns own negligence in regard thereto such errors were never corrected nor any further medical examination had. Mann was never notified of the acceptance or rejection of his application. No policy was ever issued. Four months after the date of the application and of the receipt, on July 4, 1949, Mann died. On Oct. 16, 1949, this plaintiff demanded delivery of the policy or refund of the first premium as provided by the receipt. This defendant acknowledged receipt of the letter but neither issued the policy nor returned the premium.