FREED v. BANKERS LIFE INSURANCE CO. OF NEBRASKA

No. 56281.

216 N.W.2d 357 (1974)

Willard M. FREED, Executor of the Estate of Scott Swisher, Deceased, Appellee, v. BANKERS LIFE INSURANCE COMPANY OF NEBRASKA, Appellant.

Supreme Court of Iowa.

March 27, 1974.


Attorney(s) appearing for the Case

Cahill, Lovelace, Poula & Wimpey, Iowa City, for appellant.

L. G. Klein, Coralville, and Willard M. Freed, Iowa City, for appellee.

Heard before MOORE, C. J., and MASON, LeGRAND, UHLENHOPP and REYNOLDSON, JJ.


LeGRAND, Justice.

This appeal presents for the first time the question whether an incontestability clause in a group life insurance policy bars the insurer from defending against a claim on the ground the decedent was not an employee eligible for insurance under the terms of the policy. The trial court held against the insurer, and we agree.

The matter arises on an application for adjudication of law points under rule 105, Rules of Civil Procedure. The defendant...

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