Madama v. Metropolitan Life Insurance

The judgment under review was entered by the trial judge, sitting without a jury, in favor of plaintiff in an action upon an insurance policy issued by the defendant covering the life of plaintiff’s testatrix. Defendant appeals.

The defendant moved for a nonsuit and for a verdict for defendant upon several grounds, only one of which we think needs discussion.

The policy was dated November 25th, 1935, and the assured died of heart disease on April 26th, 1936. The cause of death was stated in the death certificate as “Chronic Myocarditis, Cardiac Hypertrophy Insufficiency.” The proofs further…