Mutual Life Ins. Co. of New York v. Conley

SANBOBN, District Judge.

This suit is one to cancel a policy of life insurance issued on the life of Alva A. Conley on December 28, 1929, because of alleged fraud. The insured died March 11, 1930. The defendants were his beneficiaries. Their contention is that the plaintiff has an adequate remedy at law.

The policy in question has a clause which provides that the policy “shall he incontestable after one year from its date of issue unless the Insured dies in such year, in which event it shall be incontestable after two years from its date of issue.”

The language indicates that, although the ,…