Swett v. Life C. Insurance Co. of Tennessee

(Afteb stating the foregoing facts.) The only question before this court is whether the beneficiary should recover the face value of the policy ($5000) or one-fifth of the face value of the policy ($1000), as awarded in the verdict. This issue rests on whether the insurance company had sufficient notice of the insured entering the military service of the United States to constitute a waiver on its part of the war-risk clause of the policy and an estoppel from asserting it as a defense to this action.

The facts as set out above disclose that the insurance company issued to the insured a policy…