Collins v. Pilgrim Health & Life Ins. Co.

The opinion of the Court was delivered by

Mr. Associate Justice Stukes:

This action on a policy of industrial insurance is unusual in that instead of the ordinary suit for an alleged fraudulent breach it is, in effect, an action for damages for alleged failure of the insurer to notify the insured of a lapse of the policy for tardiness in the payment of premiums. The complaint refers, without charge of fraud, to the refusal of the defendant to accept a premium payment in late April or May, 1939 (of which there was evidence), but the gravamen of it, the alleged cause of action, is set forth in…