Scharlach v. Pacific Mut. Life Ins. Co.

BRYAN, Circuit Judge.

This is an action on two $5,000 policies of life insurance. Application for the insurance was made March 29, 1923, and, though the policies are dated October 10, 1923, they were made effective from May 1, 1923, by attached riders or written agreements, in consideration of the payment of initial term premiums, which provide that the insurance company should not be liable until the policies were delivered during the lifetime and good health of the applicant. Each of the policies provides that it'should be incontestable after one year, except for nonpayment of premiums or…