New York Life Insurance v. Hansen

Burr, Ch. J.

In September, 1934, plaintiff issued a policy of life insurance-to Yer-ner E. Hansen, with'the defendant, his wife, as beneficiary..

The contract contained this provision: “This policy may be reinstated at any time .-within five years after any. default, upon presenta tion at the Home Office of evidence of insiirability satisfactory' to the Company and payment of overdue premiums with six per cent interest thereon from their due date. ...”

The company determined what was to be “evidence of insurability.”

The insured failed to pay the premium due in September, 1935, and the policy…