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Contracts Keyed to Barnett
The Travelers Insurance Co. v. Bailey
Citation:
Supreme Court of Vermont, Windsor County, 124 Vt. 114, 197 A.2d 813 (1964)Facts
Bailey, when 19 years of age, submitted an application for life insurance at the instance of his mother. The plan requested in the application was one insuring Bailey’s life for $5,000 with an annuity at age 65 for $500 a year for the balance of his life, 10 years certain. The application was accepted and the policy prepared by Travelers Insurance on the wrong policy form with the correct information for $500 a month, 100 months certain. The application was made a part of the policy. The premiums were regularly paid on the policy issued in 1931; in 1961 the actual policy came into the possession of Bailey for the first time. The premiums Bailey paid were applicable only to the original policy plan. Bailey inquired about the plan’s terms and Travelers Insurance sent an amended policy.
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Interpretation of the Contract