Hammond v. Pacific Mutual Life Insurance

MEMORANDUM OPINION

ELLIS, District Judge.

In this diversity action to recover on a life insurance policy, two questions are presented by the parties’ cross-motions for summary judgment: (i) whether the policy in issue included a condition precedent to its effectiveness that was applicable in the circumstances at bar; and (ii) whether, in the circumstances at bar, Virginia Code § 38.2-3304(B)(2) allows the insurer to deny plaintiffs’ claim by using the insured’s answers on a health questionnaire submitted in connection with the application for the policy.

I

On January 14, 1997, the late Marjorie…