Catherine Killian, Respondents v. Metropolitan Life Insurance Company, Appellant

Summary

The Court affirmed the Appellate Division’s judgment granting the children’s share of the life‑insurance policy. It held that a mere notice of rejection by the insurer does not constitute a “contest” within the incontestability clause; a contest begins only when the insurer takes affirmative action such as filing an answer or suit. Consequently, the insurer’s contest was untimely and the release signed by the wife was ineffective as to the minor children, who were entitled to their proportionate share.