Jones v. Industrial Health, Accident & Life Insurance

Opinion by

Stadtfeld, J.,

This is an action of assumpsit brought by the beneficiary of a policy of insurance in the sum of $250, issued by the defendant. Maude Jones, the plaintiff, is the mother of Eugene Jones, the insured, who was born on March 6, 1935. She caused the baby’s life to be insured with the defendant in the sum of $250 on March 18, 1935, when the baby was twelve days old. Twenty-two days later, viz, April 9,1935, the child died.

The defense was that the insured was not in good health at the time of issuance of the policy.

The trial March 25, 1936, in the Municipal Court of…