D'Allessandro v. Durham Life Insurance

OPINION OF THE COURT

FLAHERTY, Justice.

The sole issue presented is whether an insurance company is barred from using false statements in an application for life insurance to defend against a claim under the insurance policy where the policy provides that such a statement may not be used to contest a claim “unless a copy of the instrument containing the statement has been furnished to the person making the claim” and the insurance company furnished a copy of the application to the claimant only after the named insured’s death. The lower courts held the failure of the insurance company to…