Eifert v. Fortis Benefits Insurance

In this action to recover benefits under a life insurance policy, plaintiff, the personal representative of the Estate of Thomas Hess, appeals from a judgment for defendant Fortis Benefits Insurance Company, assigning error to the trial court’s granting of summary judgment to defendant.

Hess purchased a whole life policy from defendant in 1985. The face value of the policy is $32,377. The policy contains a cash surrender option that permits the policy holder to surrender the policy by submitting a written request to do so, along with the policy itself, to defendant. The policy provides that…