New York Life Ins. Co. v. Smith

Mr. Associate Justice Fishburne

delivered the unanimous opinion of the Court.

On April 8, 1918, the New York Rife Insurance Company, in consideration of the payment of an annual premium of $64.70, issued and delivered to Arthur Smith a life insurance policy in the sum of Twenty Five Hundred Dollars, containing accident and health benefit provisions. The stated premium included $3.00' for total and permanent disability benefits, and $2.70 for double indemnity.

By the terms of the policy it was provided:

“Whenever the Company receives due proof, before default in the payment of premium, that the…