National Life & Accident Insurance v. Kessler

Opinion by

Stadtfeld, J.,

This is an appeal from the judgment of the Court of Common Pleas No. 2, Philadelphia County, Gordon, J., sustaining preliminary objections to plaintiff’s bill in equity and amended bill in equity, and dismissing the bill and amended bill.

The bill averred that on January 13, 1933, plaintiff issued to Louis Kessler, husband of the defendant, its policy of insurance. This policy contained a provision for reinstatement in event of lapse because of default in premium payments upon presentation of evidence of insurability satisfactory to the company. It likewise contained a…