John Hancock Mutual Life Ins. Co. v. Greer

Opinion

RUVOLO, J.

I. Introduction

Appellant John Hancock Mutual Life Insurance Co. (Hancock) appeals after the trial court sustained a demurrer to its complaint against its insured, respondent Benjamin J. Greer, M.D. (Greer). Hancock’s complaint seeks rescission of its disability insurance policy issued to Greer six years earlier because of alleged material misrepresentations made by him in his application for insurance. The trial court granted Greer’s demurrer without leave to amend after concluding that the policy’s incontestability clause barred Hancock’s action.

The statutorily required…