Western Reserve Life Assurance Co. of Ohio v. ADM Associates, LLC

ROBINSON, J.,

with whom INDEGLIA, J., joins, concurring in part and dissenting in part.

I am pleased to be able to concur with the majority’s opinion with respect to the second question certified to this Court by the United States Court of Appeals for the First Circuit — i.e., that a clause in an annuity that purports to make the annuity incontestable from the date of its issuance precludes the maintenance of an action based on the lack of an insurable interest. However, I must respectfully dissent from the majority’s opinion with respect to the first certified question. After an extensive…