Salkin v. United Services Automobile Ass'n

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

[Motion filed on November 7, 2011]

VIRGINIA A. PHILLIPS, District Judge.

Plaintiff Dr. Marshall Salkin, when he learned of his terminal prostate cancer, sought an accelerated death benefit under a life insurance policy he bought from Defendant USAA Life Insurance Company (“USAA”). USAA did not pay the benefit; instead, it rescinded Dr. Salkin’s policy on the basis that Dr. Salkin made misrepresentations when he applied for the policy. Dr. Salkin and his wife, Plaintiff Ellen Salkin (the beneficiary of Dr. Salkin’s policy), sued USAA,…