Ginley v. John Hancock Mut. Life Ins.

The defendant appellee insurance company issued on May 12, 1969, a life insurance policy to Mary Jean Ginley, the wife of plaintiff appellant. The insured died on May 29, 1970, less than two years after the issuance of said policy. The insurance policy contained a clause which provided that the policy shall be incontestable after it has been in force during the lifetime of the insured for two (2) years from its date of issuance except for nonpayment of premiums.

The plaintiff husband, and beneficiary of the life insurance policy, brought an action to recover the benefits provided in the…