Pacific Mutual Life Insurance v. Fishback

The plaintiff insurance company, having been duly authorized to conduct its life insurance business in this state, sought, by this action, commenced in the superior court for Thurston county against our state insurance commissioner, an adjudication of its claimed right to insert .in its life insurance policies issued in this state the aviation clause hereinafter quoted. The commissioner refused to approve such clause as a proper provision in life insurance policies issued in this state, resting his disapproval upon the incontestable policy provision required by our insurance code to be…