Jolley v. Jefferson Standard Life Insurance

Does the incontestable clause in the policy preclude the insurance company from asserting that the risk producing the death was not covered by the terms thereof ?

Stated baldly, the proposition of law is this: Does the incontestable clause modify, extend or enlarge the coverage clause?

An examination of the provisions of the policy involved in this litigation discloses that the double indemnity clause by express terms does not cover accidental injuries resulting in death occasioned and brought about by (a) participation in military or naval service or any allied branch thereof in time of war;…