Metropolitan Life Insurance Company v. Constance C. Wood

On January 12, 1959, appellee’s husband delivered an application for a policy of life insurance and a check for the first premium to an agent of the appellant insurance company. On January 17, 1959, he was examined by appellant’s physician; later that day he died. Appellant thereafter rejected the application and offered to return the premium payment. Appellee sued to recover as beneficiary under the policy. “The issue in this appeal,” as appellant states it, “is whether or not appellee’s deceased husband, Jean L. Wood, was insured by appellant at the time of his death.”

The determination of…