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SCOTT v. NATIONAL TRAVELERS LIFE INSURANCE CO.

Civ. No. 8576.

171 N.W.2d 749 (1969)

Richard S. SCOTT, Plaintiff and Appellant, v. NATIONAL TRAVELERS LIFE INSURANCE COMPANY, Defendant and Respondent.

Supreme Court of North Dakota.

November 3, 1969.

Attorney(s) appearing for the Case

Greenwood, Swanson, Murtha & Moench, Dickinson, for plaintiff and appellant.

Mackoff, Kellogg, Kirby & Kloster, Dickinson, for defendant and respondent.

STRUTZ, Judge.

The plaintiff purchased a contract of insurance from the defendant, to which a rider was attached which provided, in part, as follows:

"This Rider provides term life insurance on * * * each covered child in the amount of $1,000 provided the child is at least 14 days old and has not reached his or her 25th birthday at the date of death."

The policy further provided that, in determining the age of each child, "it shall be presumed that...

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