Enelow v. New York Life Insurance

This is an action at law upon a policy of life insurance issued by respondent in December, 1931, on the life of petitioner’s husband, Max Enelow, who died in May, 1933. The action was brought in a state court in Pennsylvania, in July, 1933, and was removed to the federal court. The policy provided that it should be incontestable after two years from date of issue. In its affidavit of defense, respondent set up the affirmative defense that the policy had been obtained by means of false and fraudulent statements in the decedent’s application which was made a part of the policy. These statements…