Stroehmann v. Mutual Life Ins. Co.
300 U.S. 435 (1937)

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U.S. Supreme Court

Stroehmann v. Mutual Life Ins. Co., 300 U.S. 435 (1937)

Stroehmann v. Mutual Life Ins. Co. of New York

No. 599

Argued March 11, 1937

Decided March 29, 1937

300 U.S. 435

Syllabus

Where, from the language of a policy of life insurance, it is doubtful whether provisions for disability benefits were excepted from the "incontestable" clause, the doubt will be resolved in favor of the insured. Pp. 300 U. S. 439-440.

6 F.2d 47 reversed.

District Court affirmed.

Certiorari, post, p. 646, to review a decree reversing a decree dismissing the bill. The suit was by the insurance company to cancel the disability benefits provisions of a policy upon the ground of fraud, alleged to have been practiced by the insured in obtaining the insurance. The District Court at first refused to dismiss the bill, 6 F.Supp. 953, but later ruled the other way when the motion was renewed after the bill had been amended.

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