Useldinger v. Old Republic Life Insurance Co.

OPINION

FOLEY, Judge.

This is an appeal from an April 4, 1985 judgment granting respondent insurance company’s motion for summary judgment based on Minn.Stat. § 61A.11 (1984). This statute allows an insurer to rescind a non-medical examination life insurance policy when an insured wilfully misrepresented his physical condition on the application for insurance. The trial court found that negative responses on the application pertaining to high blood pressure, enlarged glands and serious illness were wholly inconsistent with decedent’s medical history. Appellant claims that a genuine issue of…