Sudnick v. Home Friendly Insurance Co. of Maryland

Opinion by

Keller, P. J.,

This action in assumpsit was brought on a life insurance policy issued by the defendant on November 30,1930 in the amount of $728. The insured was Charles Sudnik. The beneficiary was his son, Ben Sudnick, this appellant. The age of the insured was stated in the policy to be 55 years, and the weekly premium payable, based on that age, was $1.30.

The policy contained two clauses or conditions which are relevant in this case: “9. No suit or action at law or in equity shall be maintainable to enforce the performance of this contract ...... unless such suit or action shall…