Prudential Insurance Co. of America v. Kozlowski

The following opinion was filed December 7, 1937 :

Fowler, J.

An action was brought by the plaintiff Insurance Company to cancel a life insurance policy issued by it on the life of Albert E. Kozlowski, payable to the defendant, on the ground that the policy never became effective because the insured “was not in sound health” at the date thereof, and under the terms of the policy the policy was not to become effective if the insured was not then in sound health. The insured died a month and three days after the policy was issued, and about fifteen months after his admission to the hospital below…