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LANIER v. NEW YORK LIFE INS. CO.

No. 8204.

88 F.2d 196 (1937)

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

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 22, 1937.

Attorney(s) appearing for the Case

John E. Mathews, of Jacksonville, Fla., for appellants.

Charles Cook Howell, of Jacksonville, Fla., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

The decree canceled four insurance policies, issued by New York Life Insurance Company upon the life of Virgil H. Lanier, because of false statements in applications for their reinstatement. The main questions in dispute are whether the misstatements were material, and whether the two-year incontestable clause bars the company from attacking the reinstatements; and as pertinent to the latter question whether the reinstatements occurred on receipt...

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