Schaefer

John M. Schaefer appeals the determination of the trial court that he did not properly receive a permanent waiver of life insurance policy premiums and that the issuer, California-Western States Life Insurance Company (hereinafter sometimes referred to as Cal-Western) is entitled to reformation of the policy on grounds of mutual mistake.

Appellant contends that the incontestability clause of the policy precludes Cal-Western from obtaining reformation on the ground of mutual mistake more than two years following the issuance of the policy; that the action for reformation is barred by the statute of limitations; and that the facts disclose only Cal-Western’s unilateral mistake which is not-sufficient grounds for reformation. These contentions are without merit.

The evidence discloses that in 1952 appellant's father, who had then been an agent for Cal-Western for almost 20 years, applied for and was issued a $5,000 “Junior Estate Builder” policy on the life of appellant, then about 14'years old. The policy provided for a $5,000 payment if the insured died prior to the policy anniversary date nearest his 21st birthday. If the insured survived that date, the insurance coveragé…