Perilstein v. Prudential Insurance Co. of America

Opinion by

Mb. Justice Linn,

Defendant appeals from judgment for the full amount of its insurance policy dated November 21,1938, on the life of Evelyn Perilstein. The defense averred was suicide “within two years after the date of the policy” and that the premiums paid had been tendered. At the trial the fact of suicide on January 11, 1940, was stipulated. A referee, appointed under a local Act, held that the defense was unavailable by reason of an incontestability clause; exceptions to his report were dismissed by the court and judgment entered.

The policy provided: “Suicide. — If within two…