Defenses not Barred by Incontestability
Dominador Albay got the insurance company to insure his life for the sum of P5,000 and that through the representations and statements made by said Dominador Albay in his application and the favorable medical examination made by Dr. Jose A. Vidal (record, p. 126), the company agreed to the life insurance sought, and on November 6,1912, issued the policy No. 5592, the value whereof was payable to the insured’s motherin-law, Francisca Eguaras. One month after said insurance policy had been issued, that is, on December 6, 1912, the insured Dominador Albay died in the municipality of Santa Cruz, Laguna, of intestinal occlusion,
On December 6, 1912, said policy being in force, the insured died in Laguna, and defendant company refused to pay to the plaintiff the value of the policy.