Sortito v. Prudential Insurance Co. of America

Each of the policies sued upon contained a “Preliminary Provision” that it shall not take effect if, on the date of the policy, the insured be not in sound health, although in such event the premiums paid, if any, shall be returned. The policies were dated October 4th, 1926. On October 7th the insured, Michael Sortito, had a hemorrhage, was found, upon examination by physicians, to be afflicted with pulmonary tuberculosis, and died therefrom on December 17th, 1926. The principal controversy, upon the trial, related to the issue as to whether the insured was in sound health at the date of the…