Rodgers v. Mony Life Insurance

¶1 Thomas Rodgers (Rodgers) appeals from an Order of the Thirteenth Judicial District, Yellowstone County, granting Respondents motion for summary judgment. Respondent cross-appeals the District Court(s denial of its costs. We affirm in part and reverse in part.

BACKGROUND

¶2 In 1983 Rodgers purchased a disability policy from defendant MONY Life Insurance Company (MONY). On Rodgers( application for the policy a box was checked indicating that COLA (Cost Of Living Adjustment) benefits were being requested. This application was not accepted by MONY because a policy with COLA benefits required a…