Behrman v. Massachusetts Casualty Insurance

OPINION

In this appeal on questions of law and fact, appellant claims non-liability upon a policy of health and accident insurance on the ground of misrepresentation of the appellee as to his physical condition at the time of the issuance of the policy on December 21, 1948.

The policy contains a provision (paragraph five) that it is noncancellable and incontestable after the expiration of two years from date of. issuance and there is no exception for fraud or misrepresentation.

The policy was issued December 21, 1948, and an action for money only was filed December 7, 1955. The issue as to…