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EQUITABLE LIFE ASSURANCE v. JALOWSKY

No. 114, September Term, 1985.

306 Md. 257 (1986)

508 A.2d 137

THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES v. EDWARD JALOWSKY ET UX.

Court of Appeals of Maryland.

May 8, 1986.

Attorney(s) appearing for the Case

Barrett W. Freedlander (Niles, Barton & Wilmer, on brief), Baltimore, for appellant.

I. Elliott Goldberg (David A. Bowers, on brief), Baltimore, for appellee.

Argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, RODOWSKY, COUCH and McAULIFFE, JJ.

MURPHY, Chief Judge.

We must here determine, in light of two Maryland statutes, the proper method for computing the commencement date of a two-year period delineated in the incontestability provision of a life insurance policy.

Maryland Code (1957, 1979 Repl.Vol.) Art. 48A, § 390 of the Insurance Code mandates that a life insurance policy "shall be incontestable, except for nonpayment of premiums, after it has been in force during the lifetime of the...

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