Botts v. Shenandoah Life Insurance

BARKSDALE, District Judge.

I am satisfied that defendant’s motion for a judgment on the pleadings must be granted.

Briefly stated, the facts are that, on April 5, 1933, defendant issued to plaintiff its “Modified Life with Optional Term to Age Seventy — Premiums Payable for Life or for Term of Policy, Nonparticipating” policy of insurance in the face amount of $10,000, with an annual premium of $113.30. (There was also' a double indemnity contract in the sum of $5,000, with annual premium of $9, which has no pertinency in the present controversy.) Embodied in this contract was a “Privilege to…