New York Life Insurance v. Del Bianco

Opinion by

Arnold, J.,

The plaintiff issued to Oscar Del Bianco its policy of insurance upon his life, dated, effectively, January 4, 1944, 1 payable to Mercedes Del Bianco, his wife, the defendant herein. One of the clauses of the policy was the following: “Incontestability. This Policy shall be incontestable after two years from its date of issue except for nonpayment of premium . . .” — i. e., after January 4, 1946.

The insured died December 10, 1945, survived by his beneficiary, the present defendant, who filed the usual proofs of death with the plaintiff.

Within the two year contestability…