Justofin v. Metropolitan Life Insurance

OPINION OF THE COURT

AMBRO, Circuit Judge.

The Justofins, beneficiaries under the life insurance policy of their mother Loretta K. Justofin (“Loretta”), sued Metropolitan Life Insurance Company (“MetLife”) for denying a portion of death benefit proceeds. The District Court granted summary judgment in favor of MetLife by finding the amendment to the life insurance policy increasing the benefit void because of Loretta’s failure to disclose fully her medical history. The issues before us are: (1) whether MetLife established that the amended policy was void as a matter of law because of Loretta’s…