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NATIONAL PRODUCERS LIFE INSURANCE CO. v. ROGERS

No. 2 CA-CIV 511.

8 Ariz. App. 53 (1968)

442 P.2d 876

NATIONAL PRODUCERS LIFE INSURANCE COMPANY, an Arizona corporation, Appellant, v. Sadie S. ROGERS, a married woman acting in her sole and separate right, Appellee.

Court of Appeals of Arizona.

Rehearing Denied July 22, 1968.

Review Denied September 26, 1968.

Attorney(s) appearing for the Case

Lewis, Roca, Beauchamp & Linton, by Terry D. Oehler, Phoenix, for appellant.

Boyle, Bilby, Thompson & Shoenhair, by Michael A. Lacagnina, Tucson, for appellee.

MOLLOY, Judge.

In this appeal, we are called upon to consider a contention that an "incontestability clause" in a life insurance contract precludes the insurer from asserting the defense that death by suicide was an excepted risk under the terms of the policy.

George Z. Rogers, Jr., the insured, died on or about November 17, 1966, as a result of an intentionally inflicted gunshot wound. The insurance contract in...

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