Metropolitan Life Insurance v. Di Novi

This action is to cancel an insurance policy on the ground of fraud. The fraud is established. The defendants, through their guardian ad litem, contend, however, that plaintiff *2may not succeed because the action was not commenced within two years and the policy provides that it is incontestable after that period, and also that the receipt by the plaintiff of premiums after knowledge of the fraud was a waiver of its right to maintain this action.

The policy was upon the life of Alfred Di Novi and was payable to his daughter, Antoinette Di Novi. The insured is now incompetent and his daughter is…