D & P Terminal, Inc., a Corporation v. Western Life Insurance Company, a Corporation

GIBSON, Circuit Judge.

This is a diversity case to recover proceeds of an insurance policy issued by defendant-appellee on the life of Louie H. DeWall, who was a stockholder and officer of the plaintiff-appellant corporation. The United States District Court for the District of South Dakota held that the policy had lapsed for non-payment of. premium, that an attempted reinstatement was void and entered judgment accordingly for defendant. Plaintiff accepts the voiding of the reinstatement and appeals only from the ruling that the policy had lapsed. We affirm.

Plaintiff, D & P Terminal, Inc., is…