O'Riordan v. Federal Kemper Life Assurance Co.

Opinion

KENNARD, J.

After his wife’s death from breast cancer, plaintiff, as beneficiary of his wife’s life insurance policy, sought to collect the policy proceeds. Defendant insurance company, however, rescinded the policy and denied plaintiff’s claim. It asserted that the wife had concealed from the insurer her smoking of cigarettes in the 36-month period preceding her application, and that had she been truthful it would not have issued a policy at the “preferred nonsmoker rate.” Plaintiff sued. The trial court granted the insurer’s motion for summary judgment. We conclude that whether there…