Shannon v. Metropolitan Life Insurance

The action is upon a policy of life insurance. Defendant seeks to escape liability upon the ground of fraud and misrepresentation practiced by the insured in procuring the policy. Plaintiff moves for summary judgment urging that the answer raises no triable issue.

The focal point upon which this controversy revolves is the incontestability clause contained in the policy which provides that it “ shall be incontestable after it has been in force for a period of two years from its date of issue * * *.”

The policy was issued on December 19, 1930; the insured died on May 5, 1932. This suit was…