Rachel B. Carroll Cynthia B. Fasano, Plaintiffs-Counter v. Metropolitan Insurance and Annuity Co., Defendant-Counter Claimant-Appellee

WIENER, Circuit Judge:

Plaintiffs-Counter Defendants-Appellants, Rachel B. Carroll and Cynthia B. Fasano (“Beneficiaries”), appeal the district court’s grant of summary judgment in favor of Defendant-Counter Claimant-Appellee, Metropolitan Insurance and Annuity Co. (“MIAC”). The court denied the Beneficiaries’ claims under a $500,000 life insurance policy, reasoning that the insured, Ray T. Bracken, had made material misrepresentations in his application for insurance. The district court concluded that, as a matter of law, (1) Bracken misrepresented his medical condition on his insurance…