Chambers v. New York Life Insurance

Motion for judgment on pleadings. The sufficiency of the counterclaim is to be tested on this motion, and, if held insufficient, assuming the truth of the allegations contained therein, then plaintiff is entitled to judgment as prayed for in the complaint. The defendant by its counterclaim seeks to rescind that part of the policy *562which provides for disability and double indemnity. The defendant tenders the amount received for these special benefits. The policies specifically except the incontestability for double indemnity and disability, and this exception is authorized by section 101,…