New York Life Insurance v. Watkin

Defendant’s father, Morris Watkin, made a written application on December 10, 1925, to plaintiff, a life insurance company, for $10,000 of insurance on his life payable to defendant. A statement in such application reads: “ It is mutually agreed as follows: 1. 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; * * *."

Thereafter and on…