Massachusetts Mutual Life Insurance v. Leberis

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Plaintiff Massachusetts Mutual Life Insurance Company (“Mass. Mutual”) has brought this action against Helen Leberis, wife and beneficiary of the decedent Constantine Leberis (“Leberis”), for breach of an insurance contract. Jurisdiction is asserted pursuant to 28 U.S.C. § 1332. Presently before the Court is Mass. Mutual’s motion for summary judgment. For reasons set forth below, Mass. Mutual’s motion is denied.

Facts

On approximately May 16, 1981, Leberis applied to Mass. Mutual for a $50,000 whole life insurance policy on his life in…