Harrison v. Connecticut Mutual Life Insurance

ORDER

LYNCH, District Judge.

I. SUMMARY

This case raises the issue of whether an insurance policy may be effectively rescinded if the insurer takes the requisite steps under Cal.Civ.Code section 1691, governing the requirements for effecting rescission of a contract, where the insurance policy contains an “incontestability clause.” However, because the parties failed to stipulate whether the contested rescission took place during the contestability period or after its expiration, and it is not clear whether that fact is disputed, the Court may only decide certain of the issues.

II. BACKGROUND

The…