Burch v. Prudential Insurance Co. of America

R. JASPER SMITH, District Judge.

This is an action on a life insurance policy issued by defendant to William J. Fisher, the insured, in which plaintiffs were named as beneficiaries. The primary policy was in the amount of $5,-000, and by rider, decreasing term insurance was provided which for the purpose of this suit is in the amount of $10,-000. The insured died on April 22, 1956. Defendant paid the amount of the primary insurance, but refused to pay the amount of the decreasing term life insurance for the claimed reason that the premiums on the policy were delinquent and that the grace…