National Life & Accident Insurance v. Ransbottom

The appellee brought this action to recover upon a policy of industrial insurance issued by the appellant. Maurice C. Ransbottom was the insured, and the appellee the beneficiary, under the policy.

There was a trial, and judgment for the plaintiff for $250, the amount of the policy. A motion for a new trial was overruled, and error is predicated upon the ruling.

The policy was written on January 28, 1935. The insured died on January 1, 1936. There was a provision that the policy was incontestable after two years. The insured died within the contestable period. The’policy provides: “If the…