Plaintiff argues that any issues of fact as to whether the insured's health had been misrepresented would not preclude summary judgment in his favor if the two-year incontestability period had lapsed, that the IAS Court erred in holding that the incontestability period had not lapsed, and that it should be found, as a matter of law, that the period did lapse. We agree with plaintiff that the IAS Court erred in finding, as a matter of law, that the insured died within the...
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