Smith v. State Mut. L. A. Co. of Worcester

Opinion by

Mr. Justice Barnes,

Our review of the record convinces us that there is a single question involved in the present appeal. That question is whether the policy upon which this suit was brought was reinstated by the defendant insurance company after it had lapsed for the nonpayment of the premium due on May 15, 1933. The material facts of the case are not in dispute. The proper conclusions to be drawn from the admitted facts alone give rise to this controversy.

Plaintiff is the beneficiary named in a policy of insurance for $5,000 issued on August 15, 1924, by the defendant company upon…