McAuliffe v. John Hancock Mutual Life Insurance

Plaintiff, as named beneficiary, brought this action upon a policy of insurance upon the life of her deceased husband. Jury verdict was for plaintiff, and defendant appeals from the ensuing judgment.

The policy was issued to the husband in July 1959. In January 1962, it lapsed for nonpayment of a premium. The selling agent left an application for reinstatement with decedent’s secretary, for signature by the insured. It contained this statement: "It is hereby declared that . . . risk is now alive and in good health, and that since the due date of the first premium now unpaid has had no injury,…