Oregon National Life Insurance Co. v. Superior School Photo Service, Inc.

ALFRED T. GOODWIN, Circuit Judge:

The beneficiary of a life insurance policy appeals from a summary judgment in favor of the insurance company. We hold that under Washington law questions of fact remained in the case, and that the entry of summary judgment under Fed.R.Civ.P. 56 was error.

Oregon National Life Insurance Company (Oregon) sought a declaratory judgment to invalidate a life insurance policy which it had issued on the life of Thomas Taylor. Taylor died of coronary artery disease some ten months after the policy was issued.

Taylor had signed a medical-examination report form in which…