Travelers Insurance Co. v. Leonard

The bill seeks the cancellation of a policy of life insurance on the ground that it was obtained through fraudulent representations made by the insured. Defendant moves to strike the bill for the alleged reason that the suit was not instituted within the time limited by the incontestability clause of the policy.

The policy was dated and issued August 25th, 1933. The insured died July 29th, 1935. Complainant filed its bill and issued process to the sheriff August 26th, 1935.

The incontestability clause provides that "this contract shall be incontestable after it shall have been in force for a…