Penn Mut. Life Ins. v. Forcier

COLLET, District Judge.

This action is brought under the Federal Declaratory Judgment Act Section 400, Title 28 U.S.C.A. and seeks the construction of a life insurance policy issued in the sum of $40,000 upon the life of Guy S. Forcier, payable to defendant Henrietta T. Forcier. The facts are undisputed and are set forth in plaintiff’s petition and defendants’ answer. Those facts will appear in the discussion of the legal questions involved.

Guy S. Forcier applied to plaintiff for a policy of insurance on his life, in the above stated sum, on February 16, 1929, at St. Louis, Missouri. The…