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PHOENIX MUTUAL LIFE INS. CO. v. BRENCKMAN

148 Conn. 391 (1961)

PHOENIX MUTUAL LIFE INSURANCE COMPANY v. PHYLLIS A. BRENCKMAN ET AL. PHYLLIS A. BRENCKMAN v. PHOENIX MUTUAL LIFE INSURANCE COMPANY

Supreme Court of Connecticut.

Decided May 4, 1961.

Attorney(s) appearing for the Case

Bruce W. Manternach, with whom was Lee C. Fielden, for the appellant (plaintiff in the first case and defendant in the second).

John S. Murtha, with whom was William M. Cullina, for the appellee (defendant in the first case and plaintiff in the second).

KING, MURPHY, MELLITZ, ALCORN and BERDON, JS.

MURPHY, J.

These two cases were tried together and the appeals have been combined. Both actions arise out of a retirement income policy issued by the Phoenix Mutual Life Insurance Company to Wayne D. Brenckman on February 28, 1956. The policy also provided a death benefit of $24,000 payable to Phyllis A. Brenckman, wife of the assured as beneficiary, and was incontestable after two years. Brenckman died December 31, 1957. The company refused to pay the death benefit...

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