Duke v. Metropolitan Life Insurance

Two cross-motions, the one on the part of the plaintiff for an order striking out the answer of the defendant and for summary judgment under rule 113 of the Rules of Civil Practice; the other on the part of the defendant for summary judgment dismissing the complaint.

This action was brought to recover on a policy of life insurance issued by the defendant upon the life of Clifford E. Duke in the sum of $1,000. The policy was issued January 1, 1933. The insured failed to pay the premium due May 1, 1933, and the policy *631thereupon lapsed. The policy was conditionally reinstated during the month of…