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[3/3] Viuda de Sindayen vs. The Insular Life Assurance Co.

[3/3] FORTUNATA LUCERO VIUDA DE SINDAYEN, plaintiff-appellant, vs. THE INSULAR LIFE ASSURANCE CO., LTD., defendant-appellee.

G.R. No. 41702 | 1935-09-04

IMPERIAL, J., dissenting:

The plaintiff, as beneficiary, brought this action to recover from the defendant, an insurance company, the sum of P1,000, the value of a life insurance policy issued in the name of Arturo Sindayen, the plaintiff's husband.

The plaintiff appealed from the judgment dismissing the complaint, without special pronouncement as to costs.

On December 26, 1932, Arturo Sindayen signed Exhibit 6 wherein he applied for life insurance in the sum of P1,000 under certain conditions, among others, the following:

"3. That the said policy shall not take effect until the first premium has been paid and the policy has been...