Equitable Life Assurance Society v. Gillam

Atkinson, Justice.

The plaintiff in error complains that the court erred in striking all of its defenses based upon fraud or material misrepresentations in the procurement of the contracts of insurance, on the ground that the incontestable clauses in the pol icies precluded the defendant from making such defense. The policy sued on in the first count, originally issued as a life-insurance policy, contained the clause: “This policy shall be (a) incontestable after it has been in force during the lifetime of the insured for a period of one year from its date of issue, provided premiums have been…