Allick v. Columbian Protective Ass'n

Eder, J. (dissenting).

I am unable to concur for affirmance. The plaintiff appeals from an order denying his motion for summary judgment. The action is brought to recover the sum of $500 being the face amount of an industrial life insurance policy issued by the defendant to .the plaintiff’s wife. By an application dated October 5, 1940, she applied for said insurance; the application was accepted without physical examination and on October 21, 1940, the defendant issued its said policy which was duly delivered to the insured; she died a little over sixteen months after the .delivery of the…