Potter v. MUTUAL BENEFIT LIFE INSURANCE COMPANY

OPINION

Doctor’s Adjustment Bureau, Inc. brought an action against Michael and Michele Potter on a $790 bill owed by the Potters to Desert Springs Hospital. The Potters filed a third party complaint against Mutual Benefit Life Insurance Company.

The district court granted Mutual Benefit’s motion for summary judgment which had alleged that the policy of insurance was the product of the Potters having made false or fraudulent statements or representations regarding the physical condition and history of Michele Potter. Here, the Potters contend summary judgment should not have been granted. We…