Howe

From the agreed statement of facts it • appears that on July 31, 1928, defendant issued its policy of insurance on the life of Harvey K. Howe for $5,000, in which plaintiff was made beneficiary. The policy contains two provisions that control the decision of the case. They are:

“Self-Destruction: In event of self-destruction during the first two insurance years, whether the insured be sane or insane, the insurance under this policy shall be a sum equal to the premiums thereon which have been paid to and received by the company and no more.”

“Incontestability: This policy shall be incontestable after two years from its date of issue except for non-payment of premium and except as to provisions and conditions relating to double indemnity.”

The premiums amounting to $62.60 yearly were paid for two insurance years. In April, 1930, before the expiration of the second premium year, the insured committed suieide. On May 29th thereafter defendant tendered to plaintiff the amount of the premiums, $125.20, paid to it, which tender plaintiff refused. On October 1st thereafter plaintiff presented proofs of loss to defendant, and defendant renewed its tender of the amount of the premiums,…