Jackson v. New York Life Ins. Co.

(after stating the facts as above).

The law applicable to the question here involved is fairly and we think correctly stated in 32 C. J. 1127, where it is said: “A policy of insurance is delivered to insured when it is deposited in the mails, duly directed to insured at his proper address and with postage prepaid, even though in fact- he never receives it. Likewise the policy is constructively delivered when it is mailed to an agent unconditionally and for the sole purpose of delivery to insured, even though the agent does not actually deliver the policy to the insured. But the rule is…