Groll v. Safeco Life Insurance

OLSZEWSKI, Judge:

Safeco Life Insurance Company (“Safeco”) appeals from an order granting summary judgment in favor of appellee Mary Groll. On appeal, Safeco asserts that the incontestability provision in a group life insurance policy does not bar it from asserting the defense that the insured was ineligible for coverage under the policy. We disagree with Safeco’s argument; consequently, we affirm.

On November 1, 1982, Safeco Life Insurance Company (“Safeco”) issued a policy of group insurance to the Kaplan Company (“Kaplan”) on the lives of Kaplan’s regular full-time employees working a…