Atkinson v. Indiana National Life Insurance

Appellant administrator sues the appellee insurance company to recover the amount of the life insurance claimed to be due upon its policy, on account of the death of the insured. Appellee admitted liability to pay the policy for the amount adjudged to be due.

The question for consideration to decide the appeal is the interpretation of that part of the incontestable clause which has to do with the risk of military service assumed by the company in time of war.

The case was submitted to the trial court upon an agreed statement of facts, a narration of which, necessary for the understanding of the…