Metropolitan Life Insurance v. Jacobs

Richards, j.,

delivering the opinion of the Court:

There were ten assignments of error filed on behalf of the Plaintiff in Error, which can be reduced to three.

First, that the Court committed error by refusing to admit testimony as to the physical condition of the insured at the time the policies were issued, when such evidence showed a failure to comply with a condition precedent in the policies;

Second, that the Court committed error by failing to carry out the intention of the Legislature, by reading into Section 509 of the Revised Code of Delaware of 1935, the word “not” which was previously…