Great Southern Life Ins. v. Burwell

POSTER, Circuit Judge.

In this case it appears that plaintiff in error, hereafter referred to as the insurance company, a Texas corporation, issued two policies of insurance on the life of John Emmet Cunningham, each for $5,000. The policies were dated September 30, 1923, and contained a provision making them incontestable from two years after the date of issue, except for nonpayment of premiums, etc. The application of the insured contained this clause: “This application and the policy which may be issued thereon is to be construed under and by virtue of the laws of the state of Texas.”

The…