Wenner v. Prudential Insurance of America

Action on a policy of life insurance in which plaintiff is named as beneficiary. Under its terms the policy might be reinstated “ upon *614written application and payment of arrears of premiums * * *, and provided evidence of the insurability of the Insured satisfactory to the Company be furnished.” The defenses pleaded are that the policy lapsed for non-payment of premiums and that its attempted reinstatement was ineffectual because evidence of the insurability of the insured had not been furnished. The court found the policy had been reinstated, but dismissed the complaint on the ground that…