Occidental Life Insurance Company of California v. Anne Dion Sobieski

JONES, Circuit Judge:

A policy of insurance in the amount of $13,860 was issued on August 23, 1954, on the life of Francis A. Sobieski by the appellant, Occidental Life Insurance Company of California, payable upon the death of the insured to the appellee, Anne Dion Sobieski. The insured died on June 28, 1963. Occidental refused to make payment to the beneficiary who brought suit in a Florida court from which the action was removed to the Federal district court because of diversity of citizenship. The policy had a clause permitting reinstatement after lapse for nonpayment of premiums. It…