Wischmeyer v. Paul Revere Life Insurance

ORDER ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND MOTION TO DISMISS

McKINNEY, District Judge.

This diversity action comes before the Court on the plaintiff’s motion for summa ry judgment and motion to dismiss affirmative defenses and counterclaim. The motions raise questions concerning whether incontestability clauses in a disability policy preclude the insurer from denying payments because of alleged misrepresentations by the insured of financial status and prior medical history. The issues raised have been fully briefed and the parties have submitted supporting evidence. For the reasons…