Kear v. Prudential Insurance of America

The plaintiffs and the defendant submit this joint application for judgment, pursuant to section 476 of the Civil Practice Act and to rule 112 of the Rules of Civil Practice upon the pleadings, admissions and stipulated facts and exhibits.

The action is upon a policy of life insurance issued January 16, 1942, by the defendant to the assured. In addition to providing that, in the event of default (on the due date and after the grace period) in payment of premium, “ the insurance under this policy shall cease ’ ’, the contract contained the following clause: ‘ ‘ Reinstatement. — * * * This…