Prudential Insurance Co. of America v. Kudoba

Opinion by

Mr. Justice Stern,

On October 10, 1932, plaintiff issued two insurance policies on the life of John Bury, each in the sum of $,000. He died on October 23, 1932. Catherine Bury, his widow, the beneficiary of the policies, died on May 6, 1933, and defendants are the administratrices of her estate.

The present proceeding is a bill in equity praying for the cancellation of the policies on the ground that the insured was not in sound health when they were issued and that therefore they never went into effect. This contention rests upon a clause in the policies providing that “This policy…