In the U.S. Court of Appeals for the Third Circuit, district courts exercising their discretion under the DJA are guided by the landmark opinion in Reifer v. Westport Insurance, 751 F.3d 129 (3d ...

Incontestability Provision Bars NY Life Insurance from Seeking Declaratory Judgment for Lack of Capacity The nine-judge panel unanimously determined that the incontestability clause does not bar ...