Killian v. Metropolitan Life Insurance

We áre of the opinion that the various defenses set up in the answer, with the exception of that of accord and satisfaction, are barred by the provisions of the incontestability clause contained in the policy. The moving papers of the infant appellants are sufficient to require the respondent to show by affidavit or proof of some satisfactory character that its defense of accord and satisfaction is not sham, but a good and meritorious one. This respondent has failed to do. Under such circumstances summary judgment should be granted. The order should be reversed on the law and facts, with ten…