Clark v. Prudential Insurance Co. of America

The insurance policy upon which this action was brought is dated October 28, 1932,-at the home office of defendant, and was delivered to the insured in Mil*424waukee a few days thereafter. The policy was issued without a medical examination, but contained the following clause:

“Preliminary Provision — This policy shall not take effect if on the date hereof the insured be not in sound health, but in such event the premium or premiums paid hereon, if any, shall be returned.”

The insured died on November 4, 1932, six days after the date of the policy. The principal cause of death was hypertension…