Smolinsky v. Metropolitan Life Insurance

Opinion by

Cunningham, J.,

Plaintiff, the son and administrator of the estate of the insured, Andrew Smolinsky, senior, brought this áction on an industrial policy of life insurance providing for payment of $500 by the defendant company to his executor or administrator upon insured’s death. The policy issued on December 2,1935, and the insured died on February 18, 193;6.

At the trial plaintiff established a prima facie case by showing issuance of the policy, payment of premiums and due proof of death. Among certain conditions incorporated in the policy was the following: “If...... the…