Paine v. Pacific Mutual Life Insurance Co.
United States Court of Appeals for the Eighth Circuit
51 F. 689 (1892)
Relevant factsFree
Kendall applied for a life insurance policy from Pacific Mutual (defendant), died before the company received or reviewed the completed application, and Pacific approved the application days later, unaware he had died; upon learning of his death, Pacific refused to issue the policy. Kendall's executor, Paine (plaintiff), sued for specific performance of the insurance contract, and the circuit court dismissed the complaint.
IssueFree
Whether an offer is revoked upon the death of the offeror.