Fender v. New York Life Insurance

(dissenting) : It is proposed to be held in t¡his case that notwithstanding a specific written agreement between an applicant for life insurance and the company proposing to issue a policy, to the effect : “That the insurance hereby applied for shall not take effect unless and until the policy is delivered to and received by the applicant and the first premium thereon paid in full during his lifetime, and then only if the applicant has not consulted or been treated by any physician since his medical examination,” and the further specific stipulation: “That only the president, a…