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NEWTON v. NEW YORK LIFE INSURANCE COMPANY

Civ. No. 7838.

210 F.Supp. 859 (1962)

Albert H. NEWTON and Genevieve Newton, Plaintiffs, v. NEW YORK LIFE INSURANCE COMPANY, a corporation; Manufacturers Life Insurance Company, a corporation; and Dominion Life Assurance Company, a corporation; Does One to Five, inclusive, Defendants and Third-Party Plaintiffs, Lloyd STEADMAN and Wayne W. Wentner, Third-Party Defendants.

United States District Court N. D. California, N. D.

November 21, 1962.

Attorney(s) appearing for the Case

Hurley & Bigler, Yreka, Cal., Kenny, Morris & Ibanez and Robert W. Kenny, Los Angeles, Cal., for plaintiffs.

McCutchen, Doyle, Brown & Enersen, Morris M. Doyle and Ray Vandervoort, San Francisco, Cal., for defendant and third-party plaintiff New York Life Ins. Co.

Knight, Boland & Riordan, Burton L. Walsh and Richard J. Kilmartin, San Francisco, Cal., for defendant and thirdparty plaintiff Manufacturers Life Ins. Co.

Pillsbury, Madison & Sutro, Eugene M. Prince, John B. Bates and Harlan M. Richter, San Francisco, Cal., for defendant and third-party plaintiff Dominion Life Assur. Co.

Paul Goodsell Sullins, Altadena, Cal., for third-party defendant, Lloyd Steadman.

McNeil, Steiner, O'Dea & Luckham and Philip Steiner, San Francisco, Cal., for third-party defendant, Wayne W. Wentner.

HALBERT, District Judge.

In this action for damages for alleged fraud, concealment and misrepresentation in the issuance and sale of certain life insurance and annuity policies, defendants Manufacturers Life Insurance Company, Dominion Life Assurance Company, and third-party defendant Lloyd Steadman have set forth, as an affirmative defense to plaintiffs' causes of action, certain "Incontestable Clauses," contained in the contracts here involved. It is contended that...

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