John S. Ferguson, M.D. v. Union Mutual Stock Life Insurance Company of America

BENSON, Chief Judge.

Dr. John S. Ferguson appeals a district court judgment 1 2 on a jury verdict in favor of Unionmutual Stock Life Insurance Company (Unionmutual). Plaintiff Dr. Ferguson brought this diversity action against Unionmutual to recover benefits on three disability insurance policies. Dr. Ferguson basically argues that the district court erred in permitting Unionmutual to present a defense based on statements made by Dr. Ferguson in two applications for the three policies notwithstanding the inclusion of certain incontestability clauses in the policies. For the reasons stated…