Union Mutual Life Insurance v. Kevie

Defendant is the insured of a sickness and accident policy issued to him by the plaintiff. He concedes that in applying for the policy he made material misrepresentations as to his physical condition and that if plaintiff liad been informed of the actual circumstances of his condition it would not have issued the policy. In this action to rescind the policy his sole defense is that the policy has by its terms become incontestable.

The policy was issued on August 16, 1957. The policy was contestable for fraud in the application for a period of two years. Defendant suffered a heart attack on…