Smith v. State Mutual Life Assurance Co.

Opinion by

Me. Justice Maxey,

On November 28, 1928, defendant issued its policy of insurance for $5,000 on the life of Harry F. Smith. His wife, Jane T. Smith, the appellant, was named beneficiary. The policy contained a standard incontestability clause, and a provision for reinstatement, reading: “This policy may be reinstated at any time after default in premium payment, provided it has not been surrendered for its cash value, or its extension period expired, upon the production of evidence, satisfactory to the Company, of the insurability of the person whose life was insured and the payment…