Whitmeyer v. Liberty Industrial Life Insurance

The plaintiff, Carrie Whitmeyer, beneficiary under a policy issued by the defendant, Liberty Industrial Life Insurance Company, on the life of John Whitmeyer, brought, this action to recover judgment for the amount agreed to be paid under the policy on the death of the insured,, and ¡penalties, alleged to have been attorney’s fees incurred by plaintiff.

The defendant pleaded the policy was void under a general provision of the policy which declared that:

“The company’s established rates provide for coverage for lives aged from eleven to fifty next birthday, and no policy shall be valid unless…