The opinion
Judge Wells
concurring.
The dispositive issue in this appeal is whether a contract of insurance was entered into between defendant and Paul Drain. Although Drain’s application for insurance clearly provided that *187 the policy would become effective on the later date of approval of the application on 16 June 1983 and although Drain died before 16 June 1983, plaintiff offered evidence from which the jury could find that defendant waived the effective date provision of the application, and on the consideration of Drain’s promise to pay premiums when due (his signed payroll allotment card) issued the policy sometime prior to 26 May 1983 (the date of defendant’s letter of acceptance to the Drains).