Mills v. Metropolitan Life Insurance

Do the incontestable clauses in tbe policies in suit preclude the defendant from showing that plaintiff’s original claim for disability benefits was grounded on false and fraudulent statements, as alleged, and that a continuation of said claim — the gravamen of plaintiff’s present complaint — -does not fall within the terms of the supplemental agreements? This calls for an analysis and construction of the contracts.

With respect to the original policies, there are numerous decisions to the effect that an incontestable clause cuts off all defenses except those allowed eo nomine in the clause…