Metropolitan Life Ins. Co. v. Tye

Opinion of the Court by

Stanley, Commissioner

Reversing.

The appellee, Nora Tye, paid the premiums on a $1,000 insurance policy on the life of her husband, Arthur Tye, for eleven years, during which time they were separated but not divorced. Because of the nonpayment of premium due November 26, 1937, the policy lapsed. The insured died in April, 1938. Several reasons advanced for the avoidance of the lapse were held unsustainable in Metropolitan Life Insurance Company v. Tye, 288 Ky. 750, 157 S. W. (2d) 274. Upon a return of the case, the plaintiff amended her petition and sought to recover…