Chap. 205.—An ACT to amend and re-enact section 4228 of the Code of Vir-

ginia, in relation to life insurance policies, and to repeal an act entitled an

act providing when the defense of death by suicide can be made in any
action, motion or suit on life insurance policies, and to define the period
after which such policies shall be incontestable, approved March sixteen,

nineteen hundred and eighteen. [H B 31]

Approved March 18, 1926.

1. Beit enacted by the general assembly of Virginia, That section
forty-two hundred and twenty-eight of the Code of Virginia, be
amended and re-enacted so as to read as follows:
section 4228. Suicide or death by legal execution; when policy
incontestable; exceptions.—In any action, motion or other proceeding
on a policy of life insurance hereafter issued to any person residing in
this State at the time of issuance thereof, or which is otherwise subject
to the laws of this State, to recover for the death of such person, it
shall be no defense that the insured committed suicide, or was put to
death by execution under the law; provided, however, that if there
shall be an express provision in the body of such policy limiting the
liability of the insurer in the event that the insured shall, within one
year from the date thereof, die by his own act (whether sane or
insane), such provision shall be valid but the insurer shall be obligated:
to return, or pay, at the least, the amount of the premiums paid on
account of such policy. Nor shall such policy be contestable for any
cause after it shall have been in force during the lifetime of the insured
for one year from its date, except for nonpayment of premiums and
except for violation of the conditions of such policy requiring the
payment of additional premium in the event of naval or military
service in time of war; provided, however, that in the event of a mis-
statement of age, the amount to be paid by the insurer shall be the
amount of insurance which the premiums paid would have purchased
at the true age of the insured.

2. An act entitled an act providing when the defense of death by
suicide can be made in any action, motion or suit on life insurance
policies, and to define the period after which such policies shall be
incontestable, approved March sixteenth, nineteen hundred and
eighteen is hereby repealed.

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