New York Supreme Court May 27, 1935 (Levine v. New York Life Insurance)

Lauer, J.

This action is brought to recover the face amount of a life insurance policy by the widow of the insured, the beneficiary named in the policy. The policy contains the provision that “ due proof of death ” is required as a prerequisite to payment. At the trial the death of the insured was not disputed, and no rdflim that the policy was not in force at the time of death was asserted.