DEE v. METROPOLITAN LIFE INSURANCE COMPANY

Full title: MARGARET DEE, Respondent, v. METROPOLITAN LIFE INSURANCE COMPANY, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 1, 1927

219 App. Div. 790 (N.Y. App. Div. 1927)

Opinion

February, 1927.

Present — Kelly, P.J., Manning, Young, Kapper and Lazansky, JJ.

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.

_ See Insurance Law, § 101, subd. 2, added by Laws of 1909, chap. 301, as amd. by Laws of 1921, chap. 407, and re-enacted by Laws of 1922, chap. 275; since amd. by Laws of 1923, chap. 28. — [REP.