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PAWELCZYK v. ALLIED LIFE INS. CO.

No. 1 CA-CIV 3707.

120 Ariz. 48 (1978)

583 P.2d 1368

Walter PAWELCZYK and Agnes Pawelczyk, his wife, Appellants, v. ALLIED LIFE INSURANCE COMPANY, a corporation, Appellee.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied July 20, 1978.

Review Denied September 7, 1978.

Attorney(s) appearing for the Case

G. David Gage, Phoenix, for appellants.

Lewis & Roca by D.W. Grainger, Paul G. Ulrich, Richard W. Bowers, Phoenix, for appellee.

OPINION

NELSON, Judge.

The plaintiff, Walter Pawelczyk (Pawelczyk), appellant, applied for $50,000 worth of life insurance, to be issued by appellee, Allied Life Insurance Company (Allied). The application contained a provision which stated in part that the insurance would take effect only if and when the application was approved by Allied at its home office. Pawelczyk submitted to a medical examination and paid the first premium, but the application was not...

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