Chun Ngit Ngan v. Prudential Ins. Co. of America

RUDKIN, Circuit Judge.

This was an action on a life insurance policy containing the .familiar clause: “This policy shall be incontestable after one year from its date, except for nonpayment of premium, but if the age of the insured be misstated the amount or amounts payable under this policy shall be such as the premium would have purchased at the correct age.” The policy was issued May 1,1922, and the insured died of tuberculosis about nine months thereafter. After his death, but within the year froin the date of the issuance of the policy, the insurance company tendered to the beneficiary…