Youngblood v. Prud. Ins. Co. of America

Opinion by

Keller, J.,

This was an action on an industrial policy of life insurance tried in the municipal court of Philadelpha County by a judge without a jury.

No written application for insurance was signed by the insured, but the policy provided: “Preliminary provision — This policy shall not take effect if the insured die before the date hereof, or if on such date the insured be not in sound health, but in either event the premiums paid hereon, if any, shall be returned.” This constituted a condition, upon which the contract, by its terms, was dependent. The company, waiving any health…