Dee v. Metropolitan Life Insurance (219 A.D. 790, 1927)

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.

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.