Thomas v. Thomas

The opinion of the court was delivered by This is a breach of contract action arising out of an
application for life insurance. Richard I. Thomas applied for
life insurance from Monumental Life Insurance Company
(Monumental) through its agent, Ronald Thomas, who was also
Richard's
[250 Kan. 236]
brother. Richard applied for the insurance on July 2, 1986, and
died January 28, 1987 without being issued an insurance policy or
being refunded the first month's premium he had paid at the time
of application. Grover Thomas (Grover), the beneficiary of
Richard's life insurance, brought this action against Ronald and
Monumental contending they owed him the proceeds of Richard's
insurance because Richard was covered at the time of his death by
the temporary coverage provided by the conditional receipt given
to Richard at the time of application. The trial court entered
judgment in favor of Grover and against Monumental. Monumental
appeals.