Occidental Life Ins. Co. of California v. Kielhorn

STARR, District Judge.

On May 6, 1949, the plaintiff company issued two insurance policies on the life of Walter P. Kielhorn in which the insured’s wife, Evelyn J. Kielhorn, defendant herein, was designated as beneficiary. The insured was killed May 5, 1950, in the crash of his private airplane, and the beneficiary filed death claims under the policies. The company denied liability and tendered the premiums that had been paid and interest thereon to the beneficiary, who refused the tender.

On November 24, 1950, the plaintiff company filed complaint in the present equity action, alleging in…