Winter v. Metropolitan Life Insurance

The opinion of the court was delivered by

Heher, J.

The judicial action assigned for error is the denial of defendant’s motion for a directed verdict in its favor.

The single question mooted by the parties on the argument of the motion was whether the return of the premiums paid is a sine qua non to the exercise of the insurer’s reserved right to declare void an industrial life insurace policy for breach of a condition providing that—

"When Policy is Voidable. If (1) within two years prior to the date of issue of this Policy the Insured * * * has been attended by a physician, unless it shall be…