Appellate Division of the Supreme Court of New York, 1927

Dee v. Metropolitan Life Insurance

Dee v. Metropolitan Life Insurance
Appellate Division of the Supreme Court of New York · Decided February 15, 1927
219 A.D. 790
Dee v. Metropolitan Life Insurance

Opinion of the Court

Judgment of the City Court of Yonkers unanimously affirmed, with costs. The incontestability clause survived the death of the assured. (Mutual Life Ins. Co. v. Hurni Packing Co., 263 U. S. 167.) Compliance by defendant with the Insurance Law would have avoided the question. There was no proof of a contest. Present — Kelly, P. J., Manning, Young, Kapper and Lazansky, JJ.

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