Golden Rule Insurance v. Montgomery

ORDER

TEILBORG, District Judge.

Pending before the Court is the Plaintiff/Counterdefendant’s Motion For Summary Judgment (doc. 73). The Court now rules on the motion.

I. BACKGROUND

On January 23, 2002, the Defendants/Counterclaimants (the “Defendants”) applied for insurance with Plaintiff/Coun-terdefendant Golden Rule Insurance Company (the “Plaintiff’). The application form included a medical history section and required an authorization releasing the Defendants’ medical records to the Plaintiff.

In February of 2002, the Plaintiff issued the Defendants an insurance policy (the “Policy”). The…