Kear v. Prudential Insurance Co. of America

In 1942, defendant issued a policy of insurance ($8,500) on the life of Edward Kear. Kear died on July 15, 1951, but defendant refused payment of the policy on the ground that decedent had made material misrepresentations in an application for reinstatement on January 18, 1951.

The policy had lapsed on November 16, 1950, because of decedent ’s failure to pay the premium which became due on October 16, 1950. In a long-form application for reinstatement (Jan. 18, 1951), decedent represented that since the date of issuance of the policy he had not been ill, had not consulted a physician and had…