AMEX LIFE ASSURANCE CO. v. SUPERIOR COURT

Docket No. S053421.

14 Cal.4th 1231 (1997)

AMEX LIFE ASSURANCE COMPANY, et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; SLOME CAPITAL CORP., Real Party in Interest.

Supreme Court of California.

February 24, 1997.


Attorney(s) appearing for the Case

COUNSEL

Adams, Duque & Hazeltine, Nancy Garelick, Manatt, Phelps & Phillips and Margaret Levy for Petitioners.

David M. Leifer, Reese R. Boyd III, James H. Fleming, Robert R. Pohls, Barger & Wolen, Gail E. Cohen, Michael J. Rothman, Fulbright & Jaworski and Peter H. Mason as Amici Curiae on behalf of Petitioners.

No appearance for Respondent.

Harold E. Kahn, Hogan, Baynes & Haworth, Timothy J. Hogan and Jack M. Zakariaie for Real Party in Interest.


OPINION

CHIN, J.

In 1991, the Amex Life Assurance Company (Amex) issued a life insurance policy to Jose Morales. The policy contained what is called an "incontestability" clause: "We will not contest coverage under the Certificate [of insurance] after it has been in force during the life of the Covered Person for two years from the Certificate Effective Date, if all premiums have been paid."

As early as 1915, this court described...

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