
    Pearl J. H. Provancha, Respondent, v. Prudential Insurance Company of America, Appellant.
    
      Insurance (life) — action on policy — defense that policy had not been delivered.
    
    
      Provancha v. Prudential Ins. Co. of America, 202 App. Div. 778, reversed.
    (Argued March 7, 1923;
    decided March 23, 1923.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 12,1922, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The action was to recover upon a policy of life insurance issued by defendant upon the life of plaintiff’s husband and mailed to its branch office. At the time of the application plaintiff had paid defendant’s agent five dollars on account of the first semi-annual premium and it was alleged the agent stated that the policy would be in force upon the applicant’s successfully passing the medical examination, which he did. The insured was killed the same morning but after the policy was received at the branch office. Defendant contended that owing to non-delivery and non-payment in full of the premium the policy was not in force.
    
      Louis L. Thrasher for appellant.
    
      Joseph F. Rice and Arthur E. Laudenslager for Jespondent.
   Judgments reversed and complaint dismissed, with costs in all courts, on authority of Drilling v. N. Y. Life Ins. Co. (234 N. Y. 234).

Concur: His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.  