Cutler v. Hartford Life Insurance

Defendants move for summary judgment in an action to recover $16,700 as proceeds of insurance coverage issued on the life of plaintiff’s husband, now deceased. Defendants deny any liability, on the ground that the decedent made material misrepresentations of fact in his application for insurance and died within the contestable period. Plaintiff does not take issue with respect to the foregoing claim but asserts that such defense is not available to the defendants, since the application of the decedent containing the alleged misstatements was not attached to any policy or certificate issued…