Joseph v. Zurich Life Insurance Co. of America

In this diversity action arising out of a life insurance policy, Plaintiff-Appellant Diane Joseph appeals the district court’s order granting summary judgment in favor of Defendant Zurich Life Insurance Company of America (“Zurich”). After review, we affirm. 1

I. FACTS

In January 2001, Diane Joseph’s husband, Gerald O. Joseph, applied by telephone for life insurance from Zurich. During the telephone call, Mr. Joseph answered various questions about his medical history. Mr. Joseph disclosed to Zurich that he had been diagnosed with high blood pressure seven years before, for which he took…