King v. Liberty National Life Insurance

Mamie King, beneficiary in an insurance policy, sued Liberty National Life Insurance Company for $86 cash benefit provided for in the policy. The policy provided for the payment of a burial benefit of $150 which was incontestable from the issuance of the policy. The $86 cash benefit was contestable within two years for fraud or misstatement of age. Otherwise, both sums were payable after one year. The insured died more than one year from the date of the policy and less than two years from its date. The insurance company defended on the ground that it had paid $150 burial benefit, and had…