Breault v. Berkshire Life Insurance

MEMORANDUM OPINION

ELLIS, District Judge.

I

This diversity case, governed by Virginia law, grows out of an insurer’s cancellation of a disability benefits policy on the ground that the policy application contained false statements. Presented for decision is the question whether an insurer may cancel or rescind a policy where the insured, who provided accurate information to the insured’s agent in the course of the policy application process, knew nonetheless that the application, as finally signed and submitted, contained false statements.

Plaintiff, Jerome N. Breault, brought this action…