Mutual Life Ins. Co. of N.Y. v. Chandler

On January 18, 1922, the plaintiff issued a life insurance policy to Orvin E. Chandler, insuring his life in favor of his wife, the defendant here. It contained a clause reading thus:

“This policy shall be incontestable after two years from its date of issue, except for non-payment of premiums. ’ ’

The insured died by suicide January 18, 1923, and thereafter the defendant furnished proof of the death and the claimant’s certificate in due time according to the terms of the policy. The company refused payment of her claim but she did not bring an action to recover upon the same. Lest it be…