The defendant insurer brought a motion for summary judgment to dismiss the plaintiffs' action for life insurance proceeds.
The insurer had rescinded the deceased's life insurance coverage, alleging he misrepresented his diabetes control (A1C readings) during a telephone supplementary health questionnaire.
The court dismissed the motion, finding genuine issues requiring a trial.
The court noted evidence suggesting the deceased answered truthfully based on his own understanding, the telephone interview questions may have been ambiguous, and the insurer may have had a duty to investigate further given the deceased's disclosed medical history.
