Richard J. Rapak v. Companion Life Insurance Company

OPINION

WILKINS, Circuit Judge:

The issue before us concerns the interpretation and application of an incontestability clause as required by S.C.Code Ann. § 38-65-210 (Law. Co-op.1989) in a group life insurance policy. Because the issue raised was one of state law which the courts of South Carolina had not resolved, we certified the question to the Supreme Court of South Carolina. Construing the express language of the insurance policy, the court held that the incontestability clause must be given effect. Consequently, we affirm the decision of the district court.

I

In May of 1970, Gloria A.…