137 A. 414 | N.J. | 1927
The suit in this case was instituted to recover $1,000, the amount of a life insurance policy dated February 14th, 1922. The policy was issued on the life of Stanislaw Gurecki, payable to his sister, the plaintiff, Elizabeth Levandoski, as beneficiary. Stanislaw Gurecki died June 27th, 1922, of pulmonary tuberculosis. The trial resulted in the direction of a verdict for the defendant on the ground that the undisputed evidence shows that the first premium on the policy was not paid during the good health of the insured. This is the sole ground of appeal alleged as error and the specific point involved for decision. The policy contained this clause: "I hereby agree that the policy issued hereon shall not take effect until the first premium has been paid during my good health."
As stated, the policy was dated February 14th, 1922. Subsequently, it was delivered and the first premium paid. Stanislaw Gurecki died June 27th, 1922. On February 20th, 1922, the record shows that he had "tubercular infection in the chest;" his death was caused by pulmonary tuberculosis; he died of "pulmonary tuberculosis," and the "first premium on the policy was paid at a time when he was suffering from pulmonary tuberculosis." The point involved under *644
discussion has been decided, at least, inferentially, by the Supreme Court and by this court, in the case of Prahm v.Prudential Insurance Co.,
Finding no error in the record, the judgment of the Supreme Court is affirmed.
For affirmance — THE CHANCELLOR, CHIEF JUSTICE, TRENCHARD, BLACK, LLOYD, VAN BUSKIRK, McGLENNON, KAYS, HETFIELD, DEAR, JJ. 10.
For reversal — None. *645