Newton v. New York Life Insurance

HALBERT, District Judge.

In this action for damages for alleged fraud, concealment and misrepresentation in the issuance and sale of certain life insurance and annuity policies, defendants Manufacturers Life Insurance Company, Dominion Life Assurance Company, and third-party defendant Lloyd Steadman have set forth, as an affirmative defense to plaintiffs’ causes of action, certain “Incontestable Clauses,” contained in the contracts here involved. It is contended that said clauses act as a bar to this action. By reason of the fact that this defense has been raised by third-party defendant Lloyd…