Gilmore v. Imperial Life Insurance

Tbe facts set forth in tbe judgment of tbe court below are controlling. Tbe policy contract, in clear language, provides tbat if tbe insured dies of “apoplexy” witbin one year, tbe liability of tbe company is limited to tbe return of tbe premiums, wbicb have been returned to tbe plaintiff, beneficiary, prior to tbe institution of this action. We will not discuss tbe fact tbat tbe plaintiff, beneficiary, has accepted tbe premiums and perhaps is estopped to bring this action, but will decide tbe main question as to tbe binding effect of tbe contract. We can see no reason why tbe contract,…