Killian v. Metropolitan Life Insurance

Cardozo, Ch. J.

The defendant issued to George Killian its policy of insurance upon his life, dated November 28, 1923, payable to Victoria Killian, his wife, the insured being at liberty to change the beneficiaries. He did change them thereafter by indorsement on the policy. The insurance thus became payable to his wife and his four children, or the survivors, in equal shares. One of the clauses of the policy was the following: “ Incontestability — This policy (and the application therefor) constitutes the entire contract between the parties and, except for non-payment of premiums, shall be…