Austin v. Prudential Health & Accident Insurance

The plaintiff seeks to recover a sum of money which he claims to be due him by virtue of a contract of insurance. The case comes to us on report based upon an agreed statement and a stipulation that all the exhibits, the writ, declaration and pleadings are made part of the case. The report to the Law Court is for the rendition of such judgment as the law and the evidence shall require.

In the application for the policy, expressly made a part of the contract between the parties, the plaintiff agreed to pay “the monthly premium of one and 50-100 dollars in advance without notice.” Neither the…