Popowicz v. Metropolitan Life Insurance

Maltbie, C.. J.

The plaintiff sought to recover upon a policy of insurance issued upon the life of Anna Popowicz. The defendant claimed a breach of the following provision in the policy: “If, (1) the insured is not alive or is not in sound health on the date hereof; or if (2) . . . before said date, the insured has had any pulmonary disease . . . then, in any such case, the company may declare this policy void and the liability of the company in the case of any such declaration or in the case of any claim under this policy, shall be limited to the return of the premiums paid on the policy.” If…