Ludwinska v. John Hancock Mutual Life Insurance

Opinion by

Balbrige, J.,

This appeal is from the refusal of the learned court below to enter judgment for want of a sufficient affidavit of defense in a suit brought on a policy of insurance on the life of Victoria Ludwinska, issued on October 29, 1930, wherein the plaintiff was named as beneficiary.

The policy contained the following incontestable clause: “After this policy shall have been in force during the lifetime of the insured for a period of two years from date of its issue, it shall be incontestable, except for non-payment of premium, or for failure to have the policy endorsed in case…