Mandel v. Scranton Life Insurance

Opinion by

Mr. Justice Patterson,

Abraham Mandel, appellee, instituted this action in assumpsit to recover disability benefits under a policy of life insurance issued to him by Scranton Life Insurance Company, appellant. Appellant denied liability for disability payments contending that the policy had lapsed by virtue of non-payment of a note given for a premium due December 14, 1935.

A jury was instructed to determine whether (1) appellant was estopped from asserting a lapse because of prior conduct, accepting payments for renewal of the note after the expiration of the 31-day period of grace;…