Comprehensive Benefit Administrators, Inc. v. Nu-Cape Construction, Inc.

LEHAN, Judge.

We affirm the summary judgment entered against defendant insurer. The summary judgment determined coverage existed under a group health insurance policy issued to appellee company for medical expenses incident to cancer suffered by the wife of a company employee.

We agree with the trial court’s determination that coverage was not precluded due to a misrepresentation through a negative answer to a question in the policy application about knowledge of cancer suffered by the wife. The question was ambiguous as to whether it asked about a then existing condition (in which case the…