Roeser v. Guardian Life Insurance Co. of America

This is a motion by the plaintiff for summary judgment in an action upon an insurance policy wherein she is the designated beneficiary, covering the fife of her late husband.

Premiums on the policy were payable quarterly.

On May 18, 1934, the assured obtained a loan on the policy in the gross amount of $382.58, from which the company deducted interest in the sum of $14.68 in advance to January 22, 1935, which date was the end of the current policy year, and the quarterly premium in the sum of $37.46 which had become due on April 22, 1934. The company claims that, when it delivered the net…