Maurer v. John Hancock Mutual Life Insurance

Action by plaintiff as beneficiary in policy of life insurance issued by defendant on life of plaintiff’s husband for $1,000.

The defendant set up the defense that the insured failed to pay the quarterly installment of premium, amounting to $9.61, upon said policy, which was due on the 24th day of May 1936, and that, therefore, the policy had lapsed for non-payment of premium before the death of the insured.

The defendant also affirmatively pleaded, as it was required to do, that notice of the due date of the premium under section 92 of the Insurance Law had been mailed to the insured at least…