Forrest v. Mutual Benefit Life Insurance — 275 A.D.2d 939

Majority

p. 939

Joan H. Forrest, by Her Guardian ad Litem, Mary E. Forrest, et al., Appellants, v. Mutual Benefit Life Insurance Company, Respondent, and Mary E. Forrest, as Executrix of James T. Forrest, Deceased, Impleaded Defendant-Appellant.

The policy contained express provisions making certain benefits applicable on the basis of the commencement of the policy year earlier than the date on which the policy was actually issued. However, the suicide and incontestability clauses are governed by the date of issue of the policy by their express provisions rather than by the commencement of the policy year. Carswell, Acting P. J., Johnston, Adel, Sneed and Wenzel, JJ., concur. [ 195 Misc. 12 .]

Cases cited

Forrest v. Mutual Benefit Life Insurance Co 195 Misc. 12 N.Y. Sup. Ct. 1949-02-09 p. 939