Mutual Life Insurance v. Insurance Commissioner

ELDRIDGE, Judge.

We issued a writ of certiorari in this case to decide whether an insurer may lawfully deny a disability claim, more than two years after the issuance of a disability insurance policy, on the ground that the disabling condition manifested itself prior to the effective date of the insurance policy, where the policy contains a statutorily required incontestability clause providing that no claim shall be denied on the ground that a disease or physical condition existed prior to the effective date of policy coverage.

I

On November 27, 1985, Mary Holland submitted an application to…