Millard v. New Jersey Life Insurance

OPINION

BAILEY ALDRICH, Senior Circuit Judge.*

This is an action on a policy of insurance (No. 139,911) issued on the life of Donald A. Millard, Sr., by defendant New Jersey Life Insurance Company, payable to plaintiff. The insured died on May 30, 1986. The annual premium due April 2, 1986 admittedly was not paid within the 31 day grace period. It is a term policy, with no reserve value to maintain it, and defendant moves for summary judgment. The following facts it concedes for this limited purpose.

On May 28, 1986 the insured received from defendant a document entitled Late Payment Offer. On…