Dobrowolski v. Penn Mutual Life Insurance

In this action to recover on a life insurance policy, plaintiff moves pursuant to CPLR 3211 (subd. [b]) to dismiss the affirmative defense of suicide occurring within two years of the date of issue of the policy.

The policy contains the incontestability clause authorized by section 155 (subd. 1, par. [b]) of the Insurance Law, that the policy shall be incontestable after it has been in force for two years from 1 ‘ its date of issue ’ ’; and the suicide clause authorized by section 155 (subd. 2, par. [d]) of the Insurance Law, which excludes liability for suicide within two years from 11 the…