HARRISON v. CONNECTICUT MUT. LIFE INS. CO.

No. C-91-1378 EFL.

771 F.Supp. 1053 (1991)

Robert HARRISON, Plaintiff, v. CONNECTICUT MUTUAL LIFE INSURANCE COMPANY, a Licensed California Insurer, et al., Defendants.

United States District Court, N.D. California.

September 5, 1991.


Attorney(s) appearing for the Case

Alice Philipson, Berkeley, Cal., for plaintiff.

Cynthia Becker, Seyfarth, Shaw, Fairweather & Geraldson, San Francisco, Cal., for defendants.


ORDER

LYNCH, District Judge.

I. SUMMARY

This case raises the issue of whether an insurance policy may be effectively rescinded if the insurer takes the requisite steps under Cal.Civ.Code section 1691, governing the requirements for effecting rescission of a contract, where the insurance policy contains an "incontestability clause." However, because the parties failed to stipulate whether the contested rescission took place during the contestability...

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