Rohde applied for life insurance with Massachusetts Mutual Life Insurance Co. (the insurance company) (defendant), arranged for payment of the initial premium, and took the required physical examination on the same day. The insurance company provided Rohde with a conditional receipt, under which the insurance company promised to insure Rohde as of the day of the application and examination, if it determined that he was an acceptable risk under its limits, rules, and standards. Rohde died later that day. The insurance company determined that Rhode was an unacceptable risk and uninsurable, and denied liability under any agreement with Rohde. Rohde’s widow (plaintiff) brought suit against the insurance company. The district court entered judgment for the insurance company. The district court found that the insurance company’s determination that Rohde was uninsurable was made in bad faith, but that a determination made in good faith would also have found him to be uninsurable.