Magliano v. Metropolitan Life Insurance

Martino, D. C. J.

On October 27th, 1941, plaintiff’s decedent, Antonio Magliano, applied to the defendant company for a policy of insurance. On November 3d, 1941, the policy was issued and named the plaintiff as beneficiary. The policy was in the amount of two hundred eighty dollars ($280). The insured died on April 13th, 1942. The plaintiff claimed the benefits under the policy; the defendant company denied liability and offered a return of the paid premiums, which offer the plaintiff refused and the present suit was instituted.

The policy of insurance contained the following clause:

"When…