BRINDIS v. MUTUAL LIFE INS. CO. OF NEW YORK

No. 88-P-1106.

29 Mass. App. Ct. 368 (1990)

560 N.E.2d 722

BEATRICE BRINDIS vs. THE MUTUAL LIFE INSURANCE COMPANY OF NEW YORK.

Appeals Court of Massachusetts, Essex.

October 11, 1990.


Attorney(s) appearing for the Case

John P. Carr for the defendant.

John J. Ryan, III, for the plaintiff.

Present: ARMSTRONG, CUTTER, & DREBEN, JJ.


ARMSTRONG, J.

The insured, Paul Brindis, died by his own hand on October 31, 1983. The defendant (MONY) had issued three insurance policies on his life, each containing a two-year contestability clause and a two-year suicide clause. The latter provided that death of the insured by suicide within two years after the date of issue would obligate MONY only to pay benefits in the amount of the premiums paid. The first of the policies was issued August 18, 1977, and MONY...

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