Smith v. Penn Mut. Life Ins. Co.

BROWN, Justice.

Action of assumpsit by appellant against appellee for a sum of money alleged to be due on a policy of life insurance issued to the plaintiff's intestate by the defendant on March 25th, 1901,, insuring the life on which all his premiums had been paid, — in short a paid-up policy.

The pleas were the general issue, pleaded in short by consent, with leave to give in evidence matters of special defense as if properly pleaded.

The special defense relied on, which finds support in the evidence, is that the policy automatically lapsed, without notice, under the terms of a certificate of…