Baum v. Metropolitan Life Insurance

Opinion by

Baldrige, J.,

An action in assumpsit was brought upon a policy of life insurance dated March 1, 1937, issued by the defendant. The insured, the plaintiff’s husband, died suddenly July 16, 1937, from a cause not shown on this record.

The policy contained the following provision:

"If (1) within two years prior to the date of issue of this policy the Insured has been a patient at, or an inmate of, any institution for the treatment of physical or mental disease, or has undergone any surgical operation, or has been attended by a physician, unless it shall be shown by the Insured or any…