John Hancock Mutl. L. Ins. Co. v. Snyder

OPINION

By STEVENS, J.

The case squarely presents the question as to whether or not fraud of the insured in obtaining a policy, excepting from consideration such fraud as renders the policy void ab initio, may be utilized by the insurer as a basis for a defense, or for affirmative action seeking a cancellation of the policy, after the expiration of the contestable period.

The contestable period herein was two years from the date of issue of the policy. The insured died within that period, and action to recover upon the policy was brought by the beneficiary after the expiration of said period; no…