The incontestability provision bars an insurer from seeking a declaratory judgment that a policy is void if the insured lacked capacity to enter into a contract at the time it was made, the Supreme Court of the state of Washington held last week.
New York Life Insurance sued Simon Mitchell in the U.S. District Court for the Western District of Washington seeking declaratory relief that two life insurance policies Simon’s uncle, Lorenzo Mitchell, obtained were void ab initio under three possible theories—imposter fraud, incapacity and lack of insurance interest. The district court sent a certified question to the state’s Supreme Court based on the lack of controlling authority from Washington state statutes.
