Court of Appeals of Texas February 15, 1968, No. 15059 (Fields v. Universal Life & Accident Insurance Co.)

COLEMAN, Justice.

ON REMAND FROM SUPREME COURT

This is a suit to cancel an insurance policy. The question to be determined is whether such a suit filed by an insurance company within two years after the policy was issued amounted to a contest within the meaning of the incontestable clause contained in the insurance policy where citation was issued promptly, but was not served until after two