United Life & Accident Insurance v. Braffman

This case was submitted on the admitted allegations of the complaint, the second prayer for relief being withdrawn in open court. The plaintiff seeks a declaratory judgment as to the rights of the defendant under a clause in its policy reading as follows:

“The insurance under this policy shall not cover any person under the age of 15 years nor over the age of 60 years. Any premiums paid to the Company for any period not covered by this policy will be returned upon request.”

While the defendant cites one case in point (Moest vs. Continental Casualty Co., 55 Misc. (N. Y.) 128), the quotation is a…