Johnson v. Centennial Life Insurance

Centennial moved for a summary judgment and attached the affidavit of its underwriter, Cynthia A. Jefferson, who stated that Johnson’s prior conditions were “material to the acceptance of the risk.” Johnson presented nothing in response to Centennial’s motion. Because Johnson failed to present any evidence to contradict Centennial’s pri-ma facie showing, we must view Centennial’s evidence as uncontradicted on the breach of contract claim. See Smith v. Lawyers Sur. Corp., 624 So.2d 526 (Ala.1993). Therefore, I disagree with this court that the following issue was for the jury: whether…