Bearup v. Equitable Life Assur. Soc. of the U.S.

The issue presented is whether a certain contract of insurance is a New York or Missouri contract, and, consequently, governed by the law of New York or of Missouri. The insurer's demurrer to the named beneficiary's assignee's (hereinafter designated beneficiary) petition was sustained. The following is the effect of the allegations in the petition.

Insurer's agent secured insured's application on February 11, 1935, at Kansas City, Missouri, for a $5,000 ordinary life insurance policy, carrying double indemnity accidental death benefits. Insured's application for insurance to insurer recited…