New York Life Insurance v. Rosen

Plaintiff brought an action on July 16, 1928, to cancel the reinstatement of a policy of life insurance in the sum of $5,000 issued June 25, 1925, on the life of defendant Edward Rosen, with defendant Samuel Rosen as beneficiary. The policy, which contained the usual two-year incontestability clause, lapsed for non-payment of the premiums due on December 25, 1926; and on February 8, 1927, pursuant to the reinstatement provision of the policy, the insured made an application for reinstatement of the policy, in which he represented that within twenty-four months prior to such application he had…