Riley v. Industrial Life & Health Insurance

Jenkins, Justice.

1. Under the rule in this State, a provision in a life-insurance policy that it shall be incontestable after specified 3rears from its date, except as to certain conditions as to premiums, is valid; the insurer is, with the exception indicated, precluded from setting up any defense based upon misrepresentations or warxanties made by the insured in his application, whether fraudulent or otherwise; and under a proper interpretation of the policy, such a clause manifests the intention of the parties that all grounds of defense, save non-payment of premium, shall be cut off by…