Pierre v. Liberty Industrial Life Ins. Co.

LECHE, Judge.

Plaintiff filed suit as the beneficiary under a policy of industrial life insurance for the face value of the policy in the sum of $158, and from a judgment in her favor defendant has appealed.

On the ground that the age of the insured as contained in the policy is erroneous, defendant resists payment, but concedes that the plaintiff is entitled to the sum of $142, which would be the amount due under the policy had the insured’s age been correctly stated. The pertinent clause of the policy reads as follows:

“If the age of the insured has been misstated, the amount payable hereunder…