Benzinger v. Prudential Insurance Co. of America

Opinion by

Me. Justice Drew,

Plaintiff brought this action in assumpsit as beneficiary of a policy of insurance issued by defendant upon the life of her husband. In its answer to plaintiff’s statement, defendant pleaded a violation of the following provision of the application, a copy of which was attached to the policy as a part of the contract: “I further agree that . . . unless the full first premium is paid by me at the time of making this application, the policy shall not take effect until issued by the company and received by me and the full first premium thereon is paid, while my health,…