Ser Yang v. Western-Southern Life Assurance Co.

BENTON, Circuit Judge.

Soua Yang purchased a life insurance policy from Western-Southern Life Assurance Company (WSLAC). Yang died six months later. Her beneficiaries claimed the death benefit. WSLAC denied the claim on the basis that she had not disclosed her Hepatitis B on the application. Her beneficiaries sued WSLAC. The district court granted summary judgment to WSLAC. Having jurisdiction under 28 U.S.C. § 1291, this court reverses and remands.

I

In 2009, Soua Yang, in the presence of her parents, applied for life insurance through WSLAC’s agent, Kaojia Vang. Yang, a Hmong immigrant from…