Torres v. Fidelity & Guaranty Life Insurance

This case involves the interrelationship between §§ 124 and 186 of G. L. c. 175. More particularly, the question before us is whether a life insurance policy, issued without previous medical examination, is defeated by a misrepresentation which increases the risk of loss to the insurer but is not found to be wilfully false, fraudulent, or misleading. A judge of the Superior Court held that the life insurance policy issued to the plaintiff’s husband may not be so defeated. We affirm.

On April 18, 1986, the plaintiff’s husband, Erickson Torres (Torres), assisted by an insurance broker, completed…