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RUBINSTEIN v. JEFFERSON NAT'L LIFE INS. CO.

[No. 200, September Term, 1972.]

268 Md. 388 (1973)

302 A.2d 49

RUBINSTEIN, INDIV. AND AS ADM'X OF THE ESTATE OF MORRIS I. RUBINSTEIN v. JEFFERSON NATIONAL LIFE INSURANCE COMPANY ET AL.

Court of Appeals of Maryland.

Decided March 27, 1973.

Attorney(s) appearing for the Case

Alexander R. Martick for appellant.

Edward C. Mackie, with whom were Thomas G. Andrew and Rollins, Smalkin, Weston & Andrew on the brief, for Jefferson National Life Insurance Company, part of appellees. Francis J. Valle, with whom was David J. Preller on the brief, for Sigmund C. Aiken, other appellee.

The cause was argued before MURPHY, C.J., and BARNES, McWILLIAMS, SMITH, DIGGES and LEVINE, JJ.

LEVINE, J., delivered the opinion of the Court.

The sole question we are called upon to decide here is whether the Superior Court for Baltimore City (Perrott, J.) erred in ruling as a matter of law that the insurer under a life insurance policy is not barred by waiver or estoppel from asserting a lapse of that policy due to nonpayment of the premium. The facts presented by appellant (plaintiff below) were uncontradicted and are not in dispute. At the close of her...

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