Hadler v. Prudential Insurance Co. of America

Smith, P. J.,

This action was based upon an insurance policy upon the life of John Hadler, issued by the defendant February 26, 1930, agreeing to pay the sum of $298 upon receipt of due proofs of death, etc. The said John Hadler died September 7, 1930.

Defendant denied liability in its affidavit of defense, in which, after quoting the following provision in the policy, viz., “Preliminary Provision: This policy shall not take effect if the insured die before the date hereof, or if on such date the insured be not of sound health, but in either event the premiums paid hereon, if any, shall be…