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BRONSON v. WASHINGTON NAT. INS. CO.

Gen. No. 64-130.

59 Ill. App.2d 253 (1965)

207 N.E.2d 172

Maloy William Bronson, Plaintiff-Appellant, v. Washington National Insurance Company, an Illinois Corporation, Defendant-Appellee.

Appellate Court of Illinois — Second District.

May 11, 1965.

Attorney(s) appearing for the Case

Smith & McCracken, of Geneva, for appellant.

Alschuler, Putnam & McWethy, of Aurora (Sam Alschuler, of counsel), for appellee.

MR. JUSTICE DAVIS delivered the opinion of the court.

At issue in this case is the meaning and effect of the incontestibility clause of defendant's disability insurance policy, which provides:

"Time Limit on Certain Defenses: (a) After two years from the policy date no misstatements made by the Insured in the copy of the application for this policy shall be used to void the policy or deny a claim for loss incurred or disability (as defined in this policy...

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