Rackear v. Springfield Fire & Marine Insurance

William C. Hecht, Jr., J.

This action was brought to recover payments allegedly due under a major medical expense insurance policy. Plaintiff appeals the denial of his motion for summary judgment and dismissal of defendant’s counterclaim which sought to recover payments alleged to have been mistakenly paid to plaintiff under the policy.

The policy was issued on July 26,1960, and insured “ against loss resulting from (1) sickness of the insured, contracted and commencing while this policy is in force ”. It contained an ‘1 incontestable ’ ’ clause which provides as follows:

“After this policy has…