Harper v. Fidelity & Guaranty Life Insurance Co.

HILL, Justice.

[¶1] Joseph Harper, the husband of Appellant Gail Harper, bought a life insurance policy and died within two months of doing so. Fidelity and Guaranty Life Insurance Company refused to pay the claim because they insisted that Mr. Harper "misrepresented/omitted" the state of his health in the claim application. Mrs. Harper filed suit, the district court granted summary judgment in favor of Fidelity, and this appeal followed.

ISSUES

[¶2] Harper lists the issues as follows:

1. Is the determination of what is a "material" omission or misstatement in a life insurance application an…