Yosco v. Aviva Life and Annuity Co.

MEMORANDUM OPINION

JAMES C. CACHERIS, District Judge.

This case illustrates the importance of precision in setting a cancellation date for a life insurance policy. Before the Court are the parties’ Cross Motions for Summary Judgment. For the following reasons, the Court will grant summary judgment in favor of Plaintiffs.

I. Background

The following facts are undisputed. On June 1, 2004, Aviva Life and Annuity Company (“Aviva” or “Defendant”) issued a Term Life Insurance Policy (the “Policy”) to Mark Papa (“Papa” or “Decedent”) in the amount of $500,000.00. (D MSJ 1 ¶ 1; P MSJ ¶¶ 1, 9.) Papa was…