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Talbot v. Country Life Insurance Company

8 Ill. App. 3d 1062, 291 N.E.2d 830 (1973)

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Talbot v. Country Life Insurance Company

Illinois Appellate Court

8 Ill. App. 3d 1062, 291 N.E.2d 830 (1973)

Facts

On September 13, 1969, while in good health, Larry L. Talbot applied for a life-insurance policy by written application to Roy Melody, an insurance agent for Country Life Insurance Company (defendant). Mr. Talbot paid the first premium and requested a $15,000 policy on his life to be payable to his wife, Suzanne Talbot (plaintiff), upon his death. On February 19, 1970, Mr. Talbot died. Country Life had not acted upon Mr. Talbot’s application nor returned his premium; however, on February 21, 1970, it returned the premium and did not issue the policy. Mrs. Talbot sued Country Life and Roy Melody in a state circuit court. The circuit court dismissed Mrs. Talbot’s case for failure to state a cause of action. Mrs. Talbot appealed the dismissal and amended her claim, providing that Mr. Talbot was in good health up until his death and was an insurable risk. Mrs. Talbot added that she had been damaged by Country Life’s failure to give notice of its action in a reasonable time, which foreclosed opportunities for Mr. Talbot to obtain a policy from another insurance company.

Rule of Law

Issue

Holding and Reasoning (Dixon, J.)

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