John Hancock Variable Life Insurance v. Estate of Fong

MEMORANDUM *

The Estate of Jane K. Fong challenges the district court’s grant of summary judgment in favor of John Hancock Variable Life Insurance Company. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we review the district court’s grant of a motion for summary judgment de novo. Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004). We affirm.

The provision in question, Paragraph D of the life insurance application, made clear that the policy would only take effect if, at the time of delivery of the policy, Mrs. Fong had not “consulted or been examined or treated by a physician or…