Protective Life Insurance v. Sullivan

Dignity Viatical Settlement Partners, L.P. and Dignity Partners, Inc. (collectively, “Dignity”) appeal from a judgment in favor of Protective Life Insurance Company in the insurance company’s action for rescission of a life insurance policy. The district court held that the Massachusetts incontestability statute, Mass. Gen. L. ch. 175, § 132, does not bar an action for rescission of a life insurance policy for fraud, even though the action was commenced more than two years after the policy was issued. After careful deliberation, we certify, on our own motion, two questions concerning the…