The courts have gone further and stated that the defense of no obligation assumed because of the insured's health being unsound on the date of the issuance of the policy is barred by the incontestability clause. Riley v. Industrial Life Health Insurance Co., 190 Ga. 891, 11 S.E.2d 20; Atlanta Life Insurance Co. v. Cormier, 126 Tex. 179, 85 S.W.2d 1045 answering certified question Tex.Civ.App., 88 S.W.2d 511; Independent Life Insurance Co. v. Carroll, 222 Ala. 34, 130 So. 402. The cases are clear that when a conflict exists between the provisions of the statute and those of the policy, the statute will control.
The court in that case held that such a provision prevented any inquiry into the cause of the disability after the lapse of twenty-four months. This position is supported by the cases of Atlanta Life Ins. Co. v. Cormier, Tex.Civ.App., 88 S.W.2d 511; National Life Underwriters v. Williams, Tex.Civ.App., 197 S.W.2d 487, 170 A.L.R. 1051; Garrell v. Good Citizens Mut. Ben. Ass'n, 204 La. 871, 16 So.2d 463; Pacific Mut. Life Ins. Co. v. Barfield, 57 Ga. App. 43, 194 S.E. 258, 263. In the latter case the court said: "The insurance contract provides that: `This policy shall be incontestable after one year from its date as to the time of the happening of bodily injury or sickness causing disability commencing after such year and while this policy is in force.'