Legal Opinion
Mutual Reserve Fund Life Ass'n v. Austin
Court of Appeals for the First Circuit
Decided December 13, 1905No. 587PublishedCited by 34 opinions
In Error to the Circuit Court of the United States for the District of Massachusetts.
1Opinion of the Court
BROWN, District Judge.
The policies of insurance upon the life of Jonathan W. Austin contain the following clause:
“XIV. If this policy of insurance shall have been in continuous force for three years from its date, it shall thereafter be incontestable except for nonpayment of premiums as herein provided or for misstatement of the age of the member in the application therefor, subject to the provisions hereof.”
The insurance company contends that this so-called “incontestable clause” never took effect, for the reason that the policy had not been *399“in continuous force” for three years from its…
2Cases cited5 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Filley v. PopeSupreme Court of the United States · 1885
- Davison v. Von LingenSupreme Court of the United States · 1885
- Sweeney v. Metropolitan Life InsuranceSupreme Court of Rhode Island · 1895
3Cited by34 opinions
- American Trust Co. v. Life InsuranceSupreme Court of North Carolina · 1917
- Trevino v. American Nat. Ins. Co.Texas Commission of Appeals · 1943
- Indiana National Life Insurance v. McGinnisIndiana Supreme Court · 1913
- Dibble v. Reliance Life InsuranceCalifornia Supreme Court · 1915
- Great Western Life Ins. v. SnavelyCourt of Appeals for the Ninth Circuit · 1913
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