NEW YORK LIFE INS. CO. v. HUDSON

No. 5682.

39 F.2d 848 (1930)

NEW YORK LIFE INS. CO. v. HUDSON.

Circuit Court of Appeals, Fifth Circuit.

April 12, 1930.


Attorney(s) appearing for the Case

F. G. Thatcher and Frank J. Looney, both of Shreveport, La. (Thatcher, Browne, Porteous & Myers, of Shreveport, La., on the brief), for appellant.

Geo. G. Dimick and Wm. B. Hamilton, both of Shreveport, La., for appellee.

Before BRYAN and FOSTER, Circuit Judges, and GRUBB, District Judge.


BRYAN, Circuit Judge.

Appellee, as beneficiary, recovered judgment in an action upon a policy of insurance upon the life of her deceased husband.

The action was brought after the policy by its terms had become incontestable. The defense was that the insured in his application had made material false representations as to consulting physicians, and as to the condition of his health. The right to contest the validity of the policy, notwithstanding the expiration...

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