YOUNG v. METROPOLITAN LIFE INSURANCE COMPANY (1969)

Court of Appeal, Fifth District, California.

Pauline R. YOUNG, Plaintiff and Appellant, v. METROPOLITAN LIFE INSURANCE COMPANY et al., Defendants and Respondents.

Civ. 995.

Decided: May 28, 1969

Defendants have filed a petition for rehearing, contending that the contract of adhesion theory was not urged at the trial court level, and hence the defendant insurance company did not present evidence on this point. However, at the trial the company admitted that it collected the full annual premium for both the ordinary life insurance and the additional $25,000 benefit for accidental death which J. R. Young applied for when his application was taken. The defendant insurance company relied on the conditions contained in the conditional receipt to avoid liability under the insurance policy applied for. Thus, it had the burden of proving that the conditions of the conditional receipt were called to Young's attention. If the company has evidence to prove that these conditions were called to Young's attention, as it maintains, it can present this evidence at the new trial which we have ordered.

The petition for rehearing is denied.

PER CURIAM.

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