Stewart v. Prudential Insurance Co. of America

Opinion by

Rhodes, J.,

This action in assumpsit was instituted by plaintiff, the beneficiary, upon a policy of insurance issued by defendant to insured on October 16, 1939, who died on October 28, 1939. His insuring, age was seventy, and the amount of insurance $270. According to insured’s signed application, a copy of which was attached to the policy, he was born on December 28, 1869, so that his age at his next birthday would have been seventy. The policy contained a clause which provided that: “If the age of the Insured is misstated herein, the amount payable hereunder will be such as the…