Brelish v. Prud. Ins. Co. of America

Opinion by

Cunningham, J.,

On March 12, 1928, the defendant insurance company issued an industrial policy (without a medical examination) upon the life of Anna Brelish, a schoolgirl then about fourteen years of age. The policy contained, inter alia, the following provision: “This policy shall not take effect if the insured die before the date hereof, or if on such date the insured be not in sound health, but in either event the premiums paid hereon, if any, shall be returned.”

The insured died November 5, 1928; the premiums, aggregating $7.60, had been duly paid and demand was made for payment…