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Mutual Life Ins. Co. v. Hurni Packing Co., 263 U.S. 167 (1923)

Mutual Life Ins. Co. v. Hurni Packing Company

No. 66

Argued October 11, 1923

Decided November 12, 1923

263 U.S. 167


1. In case of ambiguity in a life insurance policy, that construction is to be adopted which is most favorable to the insured. P. 263 U. S. 174.

2. The word "date," as applied to a written instrument, signifies primarily the time specified therein. P. 174.

3. Where a life insurance policy declared that it should be incontestable, except for nonpayment of premiums, provided two years should have elapsed "from its date of issue," held that the date intended was the one specified in the policy, although this (by agreement of the parties) was earlier than the dates of actual execution and delivery. P. 263 U. S. 175.

4. A provision of a life insurance policy that it shall be incontestable after a specified period from its date of issue inures to the beneficiary of the policy, and applies where the period elapses after the death of the insured. P. 263 U. S. 176.

280 F. 18 affirmed. .

Certiorari to a judgment of the circuit court of appeals which affirmed a judgment of the district court for the plaintiff, the present respondent, in an action to recover the amount of a life insurance policy.

Page 263 U. S. 173

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