Kirk v. Kemper Investors Life Insurance

MEMORANDUM AND ORDER

ELLISON, District Judge.

Pending before the Court are Defendant’s Motion for Summary Judgment on the issue of misrepresentation (Doc. # 27) and Motion for Summary Judgment on the issue of waiver (Doc. # 35). For the reasons set forth below, the Motion for Summary Judgment on the issue of misrepresentation is GRANTED IN PART and DENIED IN PART, and the Motion for Summary Judgment on the issue of waiver is DENIED.

I. BACKGROUND

This case arises from a life insurance policy issued by Defendant Kemper Investors Life Insurance Company (“KILICO”) to Walta G. Kirk (“Ms.Kirk”), on…