Prudential Ins. Co. of America v. Ruby

Ed. F. McFaddin, Justice.

In this appeal we are asked to construe, under the laws of the State of Utah, a clause in a life insurance policy which reads: “This policy shall be incontestable, except for default in payment of premium for more than thirty-one days, after it has been in force during the lifetime of the insured for two years from date of issue hereof.”

On October 21, 1947, the appellant, Prudential Life Insurance Company, hereinafter called “Insurance Company”, issued to the insured, Freeda L. McLain, in Salt Lake City, Utah, a life insurance policy which contained the above quoted…