Heikes v. New York Life Ins.

SANBORN, Circuit Judge.

This is an action upon a $2,500 policy of life insurance containing a double indemnity clause. Jurisdiction is based on diversity of citizenship. The policy was issued by the defendant (appellee) to Lambert C. Heikes on January 2, 1941. The insured at that time was a senior student at the University of Minnesota. The policy was a Minnesota contract On the first page or face of the policy, in bold type, in conformity with § 61.25, Minn.St.Ann., appears the following language:

“If the Insured shall die before the Maturity Date, the Company agrees upon receipt of due proof,…