Feierman v. Eureka Life Insurance

Opinion by

Mr. Justice Kephart,

The policy of insurance on which suit was brought contained a clause, “This policy......shall be incontestable after two years from its date of issue except for nonpayment of premiums.” The insured died within-two years from its date of issue, but proof of death was filed thereafter. Defendant refused to pay the insurance on the ground that the insured had made material representations relative to his risk that were false. In answer to the interrogatory whether he had been refused insurance by another company, he replied he had not, when the fact was three or…