Davidson v. John Hancock Mutual Life Insurance

Opinion by

Kenworthey, J.,

In this action on a life insurance policy, the principal issue of fact is: On what date was the .policy delivered and the first premium paid? If, as plaintiff contends, it was on March 16, 1940, he is entitled to recover; if, as defendant contends, on March 20, 1940, he is not, because, (by its terms, the policy did not become effective until delivery and payment of the first premium while the insured was alive and in sound health. And on March 17, 1940, which fell between the contested dates, the insured was admitted to a hospital and found to be suffering from…