Donlan v. Metropolitan Life Insurance

Memorandum Per Curiam.

Judgment unanimously reversed upon the law, with thirty dollars costs to the defendant, and complaint dismissed with appropriate costs in the court below.

Plaintiff sues to recover the proceeds of three policies of insurance of the industrial type containing the so-called “ facility of payment ” clauses. Plaintiff paid the premiums and retained possession of the policies until the death of the insured. At the time of the issuance of the third policy, in which the estate of the insured was designated beneficiary, defendant’s agent represented that plaintiff would be…