Prudential Life Ins. Co. of America v. Fusco's Adm'r

• Decision Date: 16 November 1911
• Citation: 140 S.W. 566,145 Ky. 378
• Parties: PRUDENTIAL LIFE INS. CO. OF AMERICA v. FUSCO'S ADM'R.
• Court: Kentucky Court of Appeals

140 S.W. 566

145 Ky. 378

PRUDENTIAL LIFE INS. CO. OF AMERICA v. FUSCO'S ADM'R.

Court of Appeals of Kentucky.

November 16, 1911

Appeal from Circuit Court, Jefferson County, Common Pleas Branch Third Division.

Action by Julia A. Fusco's administrator against the Prudential Life Insurance Company of America. Judgment for plaintiff and defendant appeals. Affirmed.

Chatterson & Blitz, for appellant.

Lawrence S. Leopold, for appellee.

HOBSON C.J.

The Prudential Life Insurance Company issued two policies insuring the life of Julia A. Fusco, one for $260 and the other for $125. She died while the policies were in force and this suit was brought by her administrator to recover on them. The Insurance company filed an answer, to which the plaintiff demurred. The court sustained the demurrer to the answer, and, the defendant failing to plead further, entered judgment in favor of the plaintiff for the amount sued for. The insurance company appeals.

Julia Fusco was a child 12 years old. In the answer the defendant pleaded that the policies each contained this provision "This policy shall be void if there be in force upon the life of the insured an industrial policy previously issued by this company, unless the policy first issued contains an indorsement, signed by the president or the secretary, authorizing this policy to be in force at the same time; or if any of the representations upon which this policy is granted be not true; or if the said weekly premium shall not be paid according to the terms hereof; or if the person insured is under twenty-two years of age next birthday, and is now or may hereafter be insured while under such age in this or any other company, and the total amount of industrial insurance at the time of death shall exceed the amount fixed by the following table: *** Age next birthday 13, limit of insurance $460." The defendant also alleged that the policies were issued in the state of New Jersey, and pleaded a statute of New Jersey by which it is provided that the insurance on the life of a child between the ages of 12 and 13 shall not exceed $460. The answer then contained these averments: "This defendant says that at the time of the death of Julia A. Fusco there were policies existing on her life amounting to $738.90, same being $278.90 in excess of the amount allowed by said statutes of New Jersey and allowed under the contract with this defendant. Defendant says that there was an additional policy on her life in this company amounting to $280.40, and also one for $73.50 issued by the Western & Southern Life...