"Incontestability. -- This policy shall be incontestable after two years from its date of issue except for non-payment of premium and except as to provisions and conditions relating to Disability and Double Indemnity Benefits."
We had the same situation before us on construing a New York Life Insurance Company policy in the case of New York Life Insurance Company v. John G. Ruhlin, D.C., 25 F.Supp. 65, where the insurance company was undertaking to cancel the double-indemnity provisions of the policy quite similar to the one in suit here, on the ground of false and fraudulent representations. The same defense was made. We ruled in that case that this incontestable clause did not apply to disability benefits. The provisions of the Pennsylvania law we held applicable to that policy.
In the instant suit, the law of Pennsylvania is likewise to be applied, for the policy in suit is to be construed according to the laws of the State of Pennsylvania.
Without further discussion, we shall deny the motion to dismiss, for the reasons given in our opinion filed in the case of New York Life Insurance Company against Ruhlin, supra.
The motion to dismiss will therefore be denied, and the case may proceed to trial on the bill, answer and proofs. The trial date is fixed for February 2, 1939, at ten o'clock A.M.
© 1992-2004 VersusLaw Inc.