John Hancock Mutual Life Insurance v. Banerji

Marshall, CJ.

We are asked in this case to consider the scope of G. L. c. 175, § 108 (5) (a),2 which prohibits an insurer from rescinding a “policy of accident and sickness insurance,”3 because of a statement made by an insured in his application for an insurance policy unless the application is attached to or endorsed on the policy when issued. Cf. Opara v. Massachusetts Mut. Life Ins. Co., 441 Mass. 539 (2004) (Opara) (concerning cognate attachment statute for life insurance policies, G. L. c. 175, § 131). Specifically at issue is whether an insurer may rely on a statement made by an insured…