Schajer v. Northwestern Mutual Life Insurance

KOLE, J.A.D.,

Retired and Temporarily Assigned on Recall.

Julia Schajer (Julia or plaintiff) sues to recover total disability benefits under a disability policy issued by Northwestern Mutual Life Insurance Company (NML or defendant). NML defends, claiming that there is in fact no total disability; that plaintiffs claim is fraudulent; that she made fraudulent misstatements, material omissions of fact or concealments which bar her claim; and that the policy’s incontestability and exclusionary provisions bar the claim. NML also counterclaims for benefits paid under a reservation of rights, as well…