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This section contains the nature of the case and procedural background.

On September 13, 1969, Larry, the husband of P, applied in writing to the company's agent, Roy Melody (D) for a life insurance policy in the amount of $15,000.00 on his own life, designating P as beneficiary. Larry tendered the first premium with the application. On Feb. 19, 1970, Larry died. D had retained the first premium and made no attempt to return it until Feb. 21, 1970. Between the time of application and his death, Larry was in good health. He was an insurable risk and would have been able to obtain and would have obtained a policy from another company if he had been turned down by D. P sued Ds claiming they failed to take action on the application within a reasonable time; failed to issue a policy in accordance with the application and; failed to give notice of the action, if any, taken on the application and; that as a direct and proximate result P was damaged. The court dismissed P’s case for failure to state a cause of action. P appealed.

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