National Producers Life Insurance Co. v. Rogers

MOLLOY, Judge.

In this appeal, we are called upon to consider a contention that an “incontestability clause” in a life insurance contract precludes the insurer from asserting the defense that death by suicide was an excepted risk under the terms of the policy.

George Z. Rogers, Jr., the insured, died on or about November 17, 1966, as a result of an intentionally inflicted gunshot wound. The insurance contract in question was issued to the insured by defendant’s predecessor in interest, effective January 1, 1947. The parties agree that defendant’s predecessor was a benefit insurance corporation…