Turner

This action involves the construction of language limiting coverage under a life insurance policy. It was submitted for decision on stipulated facts and other documentary evidence. From a judgment in favor of plaintiff-beneficiary defendant appeals.

The background facts are undisputed: On June 4, 1967, the deceased made written application to defendant for a life insurance policy; on the same date he filled out a medical questionnaire, paid a monthly premium of $17.54 and was issued a> conditional receipt (numbered 400733) signed by one Zwissler, a duly authorized agent of defendant. The conditional receipt stated in pertinent part, “The insurance shall be effective as of the date of this receipt or the date of completion of medical examination ordinarily required by Company, whichever is later,” provided the company shall be satisfied (on completion of the examination) that the. applicant is insurable “on said date.” On June 8, 1967, the deceased was given a medical examination by a physician of defendant’s selection; thereafter, on August 15, 1967, he was issued a policy the proceeds of which were payable upon his death to his wife (plaintiff herein). The policy…