Ortega v. North American Co. for Life & Health Insurance

Plaintiff sues as a beneficiary of a $99,000 life insurance policy. The insured deceased Ortego died of lung cancer shortly after the issuance of the policy. The issues (which overlap) are: (1) Whether Ortega breached a condition precedent requiring continued insurability between the time of the application and the issuance and receipt of the policy; and (2) whether Ortega intentionally failed to disclose certain material facts concerning the lung cancer arising between the medical examination and the issuance of the policy. The district court submitted these issues to the jury which found…