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HURT v. NEW YORK LIFE INS. CO.

No. 588-N.

41 F.2d 392 (1930)

HURT et al. v. NEW YORK LIFE INS. CO.

District Court, D. Kansas, Second Division.

May 27, 1930.

Attorney(s) appearing for the Case

Arnold C. Todd, of Wichita, Kan., for plaintiffs.

Wm. C. Michaels, of Kansas City, Mo., and Richard E. Bird, of Wichita, Kan., for defendant.

POLLOCK, District Judge.

Defendant, on application therefor by one Andrews made, delivered to him a policy of insurance in amount $5,000 payable to his estate. The application for this policy was made by Andrews on April 28, 1924. The policy was delivered by an agent of the company to Andrews on May 6, 1924. The policy contained an incontestable provision, as follows:

"This policy shall be incontestable after two years from its date of issue except for nonpayment...

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