Maxwell v. Cumberland Life Insurance

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that an incontestability provision precludes the insurer from denying benefits based on the insured’s misstatement of his age
• stating that the incontestability clause “prevents the insurer from lulling the insured into a sense of security, only to litigate the issue later, possibly after the death of the insured”
• “Since the [two-year] period has run in the instant case, all defenses premised on false statements in the application are precluded.”
• it is a general rule of statutory construction that the specific statute prevails, modifying the general statute
• it is a general rule of statutory construction that the specific statute prevails, modifying the general statute
• it is the first rule of statutory construction that statutes are to be interpreted, if possible, so as to give meaning to both and not to have one nullify the other

Source: CourtListener parenthetical corpus (CC0).