Federal 7th Circuit Court
Civil Court
Insurance
Dist. Ct. did not err in granting defendant-insurance company's motion for summary judgment in action by plaintiff-insured alleging breach of insurance contract where plaintiff asserted that defendant had failed to include life insurance benefit in group life insurance policy that gave plaintiff one-half of all death benefits granted to beneficiaries covered by policy. Record showed that plaintiff's representative signed application for policy that omitted requested benefit, and that plaintiff made several premium payments on said policy. Moreover, said signature defeated plaintiff's claim that no valid contract existed even though defendant's representative made after-the-fact observation that there had been no meeting of minds with respect to instant group life insurance policy. Ct. further rejected plaintiff's argument that defendant should have known that authority of plaintiff's insurance agent did not extend to procurement of materially deviating policy where terms of signed application indicated that plaintiff's payment of premiums after delivery of policy constituted acceptance of policy terms.