CROW v. CAPITOL BANKERS LIFE INS. CO.

No. 21099.

891 P.2d 1206 (1995)

119 N.M. 452

Edward B. CROW, Plaintiff-Appellant, v. CAPITOL BANKERS LIFE INSURANCE COMPANY and Jean Cooley, individually and as agent for Capitol Bankers Life Insurance Company, Defendants-Appellees.

Supreme Court of New Mexico.

March 1, 1995.


Attorney(s) appearing for the Case

James R. Beam, Albuquerque, for appellant.

Gallagher, Casados & Mann, Michael P. Watkins, Doris W. Eng, Albuquerque, for appellee Capitol Bankers Life.

Keleher & McLeod, Henry F. Narvaez, Susan M. McCormack, Albuquerque, for appellee Jean Cooley.


OPINION

FROST, Justice.

In applying for a life insurance policy from Capitol Bankers Life Insurance Company (Capitol), Edward and Kathy Crow made misrepresentations about Kathy's health history. As required by New Mexico law, the policy contained an incontestability clause, stating that, after two years from the date the policy was issued, the coverage could not be challenged. Kathy died of ovarian cancer less than two years after the policy was issued....

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