Albert v. Home Life Insurance Co. of America

Opinion by

Keller, P. J.,

This was an action of assumpsit on a policy of life insurance, tried by a court without a jury under the Act of 1874. The policy was issued on November 2, 1936 on the life of Lawrence Albert, a minor, ten years old, and was payable to his executor or administrator. The insured’s mother, Catherine Albert, obtained the policy and paid the weekly premiums.

The policy contained, inter alia, under the heading, “conditions”, the following: “If, (1) the insured is not alive or is not in sound health on the date hereof; or if (2) ......the Insured......within two years before…