Kimmel v. Western Reserve Life Assurance Co. of Ohio

Dist. Ct. did not err in granting defendant-insurance company's motion for summary judgment in action alleging that defendant breached insurance contract by failing to pay death benefits pursuant to defendant's conditional receipt of plaintiff's application for life insurance and payment of premium. Terms of conditional receipt contained clause that expressly terminated insurance coverage after 60 days if defendant had not formally accepted plaintiff's application within said time frame, and plaintiff died after instant 60-day period without defendant either accepting or rejecting plaintiff's application.