Bass

DECISION

Plaintiff is entitled to judgment as hereinafter set forth.

First Claim for Relief Fraud

Plaintiff is entitled to judgment on that portion of its first claim that alleges fraud in the making of claims under the policy. The allegations concerning that charge are duly and properly pleaded in paragraphs 9 and 10 of the complaint.

Plaintiff is entitled to judgment as stated notwithstanding the presence of the “incontestable clause” [page 4 of Policy, Exhibit (A)]. The language of that clause is, in part, as follows:

There is in this case ample and unrefuted evidence of fraud without recourse to the statements made in the application which induced the issuance of the policy in the first place (Exhibit 23), although that document is itself replete with fraudulent misrepresentations.

The elements of fraud are as follows:

Cohen v. Metropolitan Life Ins. Co., (1939) 32 Cal.App.2d 377 , 89 P.2d 732 .

The following Exhibits constitute representations made by defendant to plaintiff which were false, forged for both:

(1) Progress reports numbered Exhibits 1, 2, 3, 4, 5, 6, 7, 8, 13, 14, 16, 18 and 19. Letters numbered Exhibits 10, 15 and 20. Each of these were submitted to…