Malanti v. Metropolitan Life Insurance

The action is brought by the beneficiary under a policy of insurance written by the defendant upon the life of plaintiff’s husband. The answer sets up fraud on the part of the insured *675in the application for the policy in concealing his physical condition. Plaintiff contends that this defense fails because of the fact that it is interposed after the expiration of two years specified in the “ incontestability clause ” of the policy. The policy was issued on the 4th day of March; 1924, the insured died on the 24th day of "August, 1925, and the action was started on the 12th day of April, 1926.…