Syme v. Bankers National Life Insurance

Opinion by

Mr. Chief Justice Jones,

This action in assumpsit is based on a policy of insurance issued by the defendant company on March 15, 1955, on the life of M. Herbert Syme who died on August 17, 1956. The company refused to pay the benefits stipulated in the policy on the ground that it was fraudulently obtained. The named beneficiaries thereupon instituted the present action in order to recover on the contract.

In addition to averring the issuance and delivery of the policy, payment by the insured of the premiums due thereon in his lifetime and the insured’s death, the complaint sets forth…