Miller v. New York Life Ins. Co.

HOLLAND, Justice.

This is an action to recover on a policy of life insurance issued in March of 1919 on the life of Chilion W. Miller for $3,000. The insured died in December, 1929. Plaintff, who was the wife of Miller, was named as beneficiary in the policy of insurance. The premium due March 19, 1922, was not paid before expiration of the grace period, and defendant notified the insured the policy had lapsed for nonpayment of premium. To avoid this defense, plaintiff set up that the policy contained a provision for waiver of premiums in the event “the company receives due proof, before…