Hilfiger v. Transamerica Occidental Life Insurance

JUSTICE KINSER, with whom JUSTICE KOONTZ

joins, dissenting.

I would construe Code § 38.2-302(A) differently from the majority and would, therefore, answer the first certified question in the negative. I agree that the statute identifies “two alternative conditions” for making a valid life insurance contract, allowing a proposed insured either to apply for life insurance or to consent to such a contract. However, as I understand the majority’s position, a proposed insured’s oral authorization combined with “material participa*274tion” in the application process does not constitute “applying” for the…