The Travelers Insurance Company v. Elizabeth M. Summers

TUTTLE, Senior Circuit Judge:

This is an appeal from a summary judgment in the plaintiff Insurance Company’s declaratory judgment action, limiting its liability to a return of the paid-in premiums plus interest. On appeal, the defendant beneficiary contends that the trial court erred by holding that the term “date of issue” on the face of the policy controls for the purpose of measuring the two year time period in the suicide clause, where the insurance covered by the policy became effective several weeks before the date of issue.

The facts were stipulated by the parties. On November 7, 1978,…