Bonitz v. Travelers Insurance

The plaintiff claims benefits under a contract providing group life and health insurance to certain employees of the Power Engineering Company, Inc. (employer) . The insurer defends on the ground that the plain tiff’s deceased husband (the decedent) did not qualify as an “employee” of the employer. On the insurer’s motion for summary judgment, a judge of the Superior Court ordered partial summary judgment for the plaintiff, and final judgment was entered after an assessment of damages. We hold that the defense that the decedent was not an employee is barred by the incontestability clause of…