Massachusetts Mutual Life Insurance v. Thompson

WORKMAN, Justice:

This case is before the Court upon the following certified questions posed by the September 14, 1994, order of the United States District Court for the Southern District of West Virginia:(a) Under a disability insurance policy, does West Virginia Code § 38 — 6—7(b) or (c), either one, require that an insurer prove the subjective element that an insured specifically intended to place misrepresentations, omissions, concealments of fact, or incorrect statements on an application in order for the insurer to avoid the policy?(b) Under a disability insurance policy, does West…