Mutual Life Insurance v. Kessler

On February 6, 1936, and on subsequent occasions the plaintiff in the first of the above-entitled actions issued to the defendant’s husband its policies of insurance upon his life. These policies contained the statutory incontestability clause to the effect that, “ Except for non-payment of premiums, this policy shall be incontestable after one year from its date of issue unless the insured dies in such year, in which event it shall be incontestable after two years from its date of issue.”

On April 28, 1936, the insured died. The defendant was and is the beneficiary of the policies.

Alleging…