Page:United States Statutes at Large Volume 48 Part 1.djvu/860

 834 Fo reign Service offi- cers, etc. Losses due to appre- ciation of foreign cur- rencies. Ante, p. 488. Post, p. 1060. Ci tation of Act. June 4, 1934. [s. 195.] [Public, No. 283 .] District of Columbia. Contracts of indus- tri al life insura nce. Proof of fraud, etc. 73d CONGRESS. SESS. II. CBS. 372, 373. J'iie430, . ,19 4. 21, 193 4, incl uding s alarie s, trav el and subsis tence e xpenses as au thor- ized by law, to be immediately available, $10,000. SEC. 5. For the purpose of carrying into effect the provisions of the Act entitled "An Act to authorize annual appropriations to meet losses sustained by officers and employees of the United States in foreign countries due to appreciation of foreign currencies in their relation to the American dollar, and for other purposes ", approved March 26, 1934, and for each and every object and purpose speci- fied therein, to be immediately available, $7,438,000. SEC. 6 . This Ac t may be cited as the "Legi slative Branc h Appro- priation Act, 1935 ." Approved, May 30, 1934. [CHAPTER 373 .] AN ACT Respecting contracts of industrial life insurance in the District of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That policies of industrial weekly payment life insurance hereafter issued or delivered in the District of Columbia shall be subject to the follow- ing conditions, in addition to any others prescribed by law and not inconsistent with the provisions of this Act. GOOD FAI TH Good faith of insured SEC. 2 . If pa yment of such a policy shal l be refused because of policy g ni ngvali dity o unsound health at or prior to the date of the policy, the good faith of both applicant and insured shall constitute a material element in determining the validity of the policy ; and it shall not be held invalid because of unsound health unless the insurer shall prove that, at or beforee the date of issue of the policy, the insured or applicant had knowledge of, or reason to know, the facts on which the defense is based, or shall prove that the insurance was procured by the insured or applicant in bad faith or with intent to defraud the com- pany, any provision, agreement, condition, waranty, 1 or clause con- tained in said policy, or endorsed thereon, or added or attached thereto, to the contrary notwithstanding. Proof b y the insurer of fraud, intent to deceive, unsound health, bad faith, breach or war- ranty or condition precedent, or other matter of defense, shall be D.C. Code, sec. 857. subject to the provisions of section 657 of the Act entitled "An Act to vol . 31, p .1294' establish a Code of Law for the District of Columbia ", approved March 3, 1901, as amended (D.C. Code, title 5, sec . 183). INCONTESTABILITY Incontestability of SEC. 3. Every such policy shall be incontestable upon any ground policy on grounds re- lating to health after relating to health after two years from its date of issue (notwith- two years. standing a longer period may be named therein), provided the when policy pro- insured shall be alive at the end of said period. If the policy by its vides shorter period. terms shall be incontestable after a shorter period than herein pro- vided, the terms of the policy with regard to such period of limitation shall govern. so in original.