Dworzcak v. Metropolitan Life Insurance

Robinson, J.,

Defendant life insurance company filed preliminary objections to a complaint in equity alleging that the pleading fails to state a cause of action. In the action plaintiff seeks to regain upon purely equitable principles certain moneys paid as premiums on a policy of life insurance issued by defendant.

The complaint alleges that on August 7, 1933, defendant executed and delivered a policy of insurance on the life of one Michael S. Malezenski in the amount of $98.1; that in March 1936 the policy lapsed for nonpayment of premiums; that the insured and an agent of defendant then…