216   RIGHTS AND POWERS OF INSURER

that, upon the death of the insured, it was impossible to have an administrator appointed and bring suit against him before the con-testable period expired, and that, having brought the suit within the period against the ultimate beneficiaries, the heirs at law, and the administrator having been subsequently appointed, it is entitled now to make the administrator a party, and thus preserve its right to maintain this suit for cancellation of the policy as if brought against the administrator before the contestable period expired. The plaintiff's argument is that it has done all that was possible under the circumstances and facts of the case, and therefore should be permitted to make the administrator a party, as it were, none pro tune.

It may be conceded that the plaintiff's contest must be by suit, and that a mere protest or objection would not be sufficient. The great weight of authority is to the effect that a contest, under such a clause, is a contest initiated by appropriate proceedings in court within the time limited. * * *

Assuming that it was impracticable. or even impossible, for the administrator to have been appointed, and the plaintiff to have instituted the suit which the law requires to make a contest within the contestable period, and conceding that it makes it a very hard case for the plaintiff. nevertheless, I am of opinion that the plaintiff is not relieved thereby from instituting suit against the administrator within that period. The plaintiff wrote the incontestable clause in question. All doubts regarding the meaning of that clause must be resolved against the plaintiff. " * *

When it wrote the policy, plaintiff could have known that many situations would arise where it would be impracticable. if not impossible, for it to bring its suit within that period ; for example, there may be cases where gross frauds are practiced in obtaining the policy, and the insurance company may never have any opportunity for ascertaining such fraud until after the two-year period has expired, or the fraud may be discovered such a short time be-fore the period expires as to render it impracticable, or even absolutely impossible, to institute suit. Can it be doubted that such impracticability or impossibility of presenting its suit in time will not avail it in such a case when the incontestable clause is pleaded? I see no reason for differentiating between the impracticability, or even impossibility, of beginning suit for the cancellation on the ground of fraud, and the case of cancellation for suicide.

The plain meaning of the incontestable clause is that all contests must be brought within that period, and there are no exceptions stated, except nonpayment of premiums. If the plaintiff desired to protect itself from those various situations which might arise, where it would be impossible to present its contest within the period mentioned, it could easily have written into the policy such exceptions as it desired to make. It did not see fit to do so. It can not be