Plaintiff sued for disability benefits under a life insurance policy providing that it should be incontestable from its date and that insured's statements, in the absence of fraud, should be deemed representations and would not avoid the policy unless contained in a written application, a copy of which was attached to the policy when issued. Defendant sought to rescind the contract on the ground that a reinstatement granted some eighteen months before had been induced by fraudulent statements. Held, the reinstatement may be contested only within the time after reinstatement fixed for contesting the policy, and that fraud is not excluded from the operation of the incontestable clause. Johnson v. Great Northern Life Ins. Co., (N.D. 1945) 17 N.W. (2d) 337.
T. M. Kubiniec,
INSURANCE-INCONTESTABILITY CLAUSE-FRAUD IN CONNECTION WITH REINSTATEMENT,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol44/iss2/9