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HOWE v. NEW YORK LIFE INS. CO.

No. 4322.

2 F.Supp. 242 (1931)

HOWE v. NEW YORK LIFE INS. CO.

District Court, S. D. California, Central Division.

December 11, 1931.

Attorney(s) appearing for the Case

Macfarlane, Schaefer, Haun & Mulford, of Los Angeles, Cal. (Henry Schaefer, Jr., of Los Angeles, Cal., of counsel), for plaintiff.

Meserve, Mumper, Hughes & Robertson, of Los Angeles, Cal. (Shirley E. Meserve, of Los Angeles, Cal., of counsel), for defendant.

COSGRAVE, District Judge.

From the agreed statement of facts it appears that on July 31, 1928, defendant issued its policy of insurance on the life of Harvey K. Howe for $5,000, in which plaintiff was made beneficiary. The policy contains two provisions that control the decision of the case. They are:

"Self-Destruction: In event of self-destruction during the first two insurance years, whether the insured be sane or insane, the insurance under this policy...

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