Massachusetts Mutual Life Insurance Company, a Massachusetts Corporation v. Patricia O'Brien and Colleen C. O'Brien

FLAUM, Circuit Judge.

In this case, an insurance company appeals from the entry of summary judgment against it and from the award of attorney fees and a penalty to the defendants. We vacate both the entry of judgment and the award.

I

On August 2, 1988, Janell Farmer, an agent for Massachusetts Mutual Life Insurance Company (Mass Mutual), mailed a prospect letter to Sean P. O’Brien. Three weeks later, the two met in Farmer’s office to discuss life insurance policies. O’Brien said that he was in the market for insurance, but was worried that he would have to pay higher premiums because he had been…