Massachusetts Casualty Insurance v. Vanidestine

ORDER AND MEMORANDUM OF DECISION

BRODY, District Judge.

Plaintiff, Massachusetts Casualty Insurance Company (“MCIC”), brings this action for a declaratory judgment absolving it of its obligation to pay benefits pursuant to a disability income insurance policy (“the policy”) issued to Defendant, Thomas J. Vanidestine, Jr. (“Vanidestine”). Plaintiff contends that Defendant misrepresented a pre-existing medical condition in his policy application, and that such misrepresentation allows Plaintiff to rescind the policy. Defendant counterclaims, alleging violation of the Maine Unfair Trade Practices…