Robinson v. Prudential Insurance Co. of America

This is an action by a widow against an insurer and its sales agent to recover death benefits under a life insurance policy issued to the widow’s husband, Russell Robinson (Russell). The insurer, Prudential Insurance Company of America (Prudential), declined to pay the benefits, claiming that Russell had misrepresented the state of his health in applying for the policy. A judge of the Superior Court granted summary judgment for the defendants. Whether that grant was proper depends in large part on which of two sections of G. L. c. 175 applies, § 124 or § 186, and that, in turn, depends on…