John Hancock Mutual Life Insurance v. Berg

The plaintiff, which issued a policy of insurance on the life of the above-named incompetent, moves for summary judgment on its first cause of action to rescind the accidental death benefit provision and on its second cause of action to rescind the waiver of premium after total disability provision.

The complaint alleges and the answer admits that the incompetent represented in his application for the policy that he had never received any disability benefits from any source, had not consulted or been treated by a physician for nervous or mental symptoms, and had not been treated by a physician…