Berger v. Minnesota Mutual Life Insurance Co.

Plaintiff Anna Marie Berger appeals from the judgment entered on a jury verdict that denied her recovery of the proceeds of her husband’s credit life insurance policy issued by defendant Minnesota Mutual Life Insurance Co. (“Minnesota Mutual”). Minnesota Mutual declined coverage under the policy, claiming that plaintiffs deceased husband materially misrepresented his medical condition when he submitted his insurance application form.

In a 1974 preemployment physical examination at Kennecott Copper Corporation, David Berger was diagnosed as afflicted with mild diabetes mellitus. The physician…