New York Life Insurance v. Dickler

The defendant moves to dismiss the complaint upon the ground that the action was not timely instituted. The suit is brought by plaintiff, a life insurance company, against the beneficiary named in two policies issued by it to cancel and rescind the same by reason of alleged misrepresentations made by the assured. The policies bear the date July 29, 1927, and the assured died on January 4, 1928. Each policy contained a provision that " this policy shall be incontestable after two years from its date of issue except for non-payment of premium.” The summons was not served on the defendant until…