Kelly v. New England Mut. Life Ins.

KIRKPATRICK, District Judge.

The plaintiff’s position in this case is that the words, “the holder of this policy,” and “the holder,” in the nonforfeiture provisions of the policy, mean the beneficiary, or, as she is called in this policy, the annuitant; that inasmuch as the nonforfeiture provisions give certain options in ease of default in the payment of premiums, if the right to such options were to be of any value, the beneficiary was entitled to receive notice of such default; and that, not having such notice, she is now, after the death of the insured, entitled to exercise the right of…