Foster v. Washington National Insurance Co.

The opinion of the court was delivered by

Heher, J.

Plaintiff sues upon a policy of insurance in the sum of $276, issued by defendant, on November 14th, 1932, upon the life of his first cousin, Anna Lipshutz. The insured died on August 5th, 1935.

The agreed state of the case discloses that “the policy was payable 'to the executor or administrator of the insured, unless payment be made under the provisions’ ” of the “fácil ity of payment” clause therein contained, and that it also “contained a request that, in the event of the death of the insured, the proceeds shall be paid” to plaintiff. No…