Schneider v. Continental Assurance Co.

OPINION

On June 1, 1990, appellant Michael Schneider (Schneider), purchased a disability insurance policy from respondent Continental Assurance Company (CNA), through CNA’s agent, respondent James R. Tatum (Tatum). About nine months later, Schneider ruptured his left achilles tendon and became disabled.

More than four and a half months after Schneider submitted a claim for his disability, CNA declared the insurance policy void because Schneider had incorrectly stated on his application that he had no other disability coverage. Schneider and his wife sued CNA and Tatum for negligence, breach of…