Reagan v. Union Mutual Life Insurance

This is an action of contract on a policy of life insurance issued to the plaintiff’s intestate. The defendant answered that the policy was obtained by fraud of the insured. The policy contains a clause as follows: “ Incontestability. This policy is incontestable from date of issue for any cause, except non-payment of premium.” After having introduced proofs of her intestate’s death, and other evidence that made a prima facie case, the plaintiff rested, her counsel stating as her contention, “ that no question of health or fraud such as is set up in the answer is open to the defendant under…