Bay Trust Co. v. Agricultural Life Ins.

The sole question involved in this appeal as stated by appellant is:

“Was an assured, who was at the time of his death 60 years, 2 months, and 10 days old, over the age of 60 years at the time of his death within the meaning of a clause in a double indemnity rider attached to an insurance policy, providing: ‘the insurance' under this double indemnity rider shall not cover any person under the age of 18 years nor over the age of 60 years, ’ the language of the policy being prescribed by 3 Comp. Laws 1929, § 12442, subd. 5.”

The circuit judge heard the matter without a jury and found that:

“The…