Mutual Life Ins. v. Stroehmann

WATSON, District Judge.

By bill in equity filed the plaintiff, the Mutual Life Insurance Company of New York, prayed’ for a rescission and cancellation of the disability benefit provisions in policies of insurance issued to Carl F. Stroehmann, one of the defendants. The defendants moved to dismiss the original bill of complaint, which motion was refused in an opinion by this court filed May 17, 1934 (6 F.Supp. 953), in which the court held that the incontestability clauses in the policies did not apply to disability benefits; that the disability clauses were exempt from the incontestability…