Gray v. Fidelity & Guaranty Life Insurance

McDonald, C. Brian, J.

As the court (Locke, J.) determined that Massachusetts law applied, which determination was affirmed by this court [21 Mass. L. Rptr. 649]; as, therefore, the defendant was obliged to prove that the plaintiffs decedent made statements on his applications for life insurance policies issued by the defendant that were “willfully false, fraudulent, or misleading,” G.L.c. 175, §124; as the decedent failed to reveal the true nature of his health problems on his applications, the application questions not permitting the decedent a subjective view as to severity or significance…