Pongetti v. First Continental Life & Accident Co.

OPINION

SENTER, Chief Judge.

This is another in the seemingly unending line of suits before this court against insurance companies for bad faith refusal to pay a claim which involves the dual defenses of material misrepresentation on the application and preexisting condition.

Having duly considered the evidence presented by the parties during a bench trial together with argument of counsel, the court makes its findings of fact and conclusions of law pursuant to Rule 52 of the Federal Rules of Civil Procedure.

FACTS

On July 9, 1985, Mike and Lois Kennedy applied for an insurance policy which was…