Metropolitan Life Insurance v. Lodzinski

The Metropolitan Life Insurance Company on February 21st, 1935, filed a bill of complaint in the court of chancery seeking to cancel, because of the insured’s fraud, the procurement of two certain policies on the life of Bertha T. Lodzinski, now deceased. One of the policies was issued February 21st, 1933, and the learned vice-chancellor, relying upon the case of Travelers Insurance Co. v. Leonard, 120 N. J. Eq. 6, concluded that the suit upon this policy was not begun within the limits of the incontestability clause. That clause is as follows: “This policy shall be incontestable after it has…