Yang, et al v. Western-Southern Life Assurance Co., No. 12-2021 (8th Cir. 2013)
Annotate this CaseBeneficiaries of the deceased sued WSLAC after it denied life insurance benefits to the beneficiaries on the basis that the deceased had not disclosed her Hepatitis B on the application. A reasonable jury could conclude that the deceased gave truthful answers about her medical condition and that the agent recorded them incorrectly. It could also conclude that the deceased did not examine the application. The disputed facts were material because there was a genuine issue as to whether the deceased knew of misrepresentation in the application. Accordingly, the court reversed the district court's grant of summary judgment and remanded for further proceedings.
Court Description: Civil Case - contract. Grant of summary judgment to insurer for disallowance of death benefits based on insured's signature on policy despite errors made by agent is reversed. A reasonable jury could find insured put agent on notice of prior medical history. Transcript of conversation was not attached to the policy and could not be used to contest the policy. Summary judgment is reversed.
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