Massachusetts Casualty Insurance v. Morgan

MEMORANDUM AND ORDER

SIFTON, Chief Judge.

This is a diversity action brought by an insurer for rescission of an insurance contract based on alleged misrepresentation by the insured. Defendant has moved for summary judgment, and plaintiff has opposed this motion and filed a cross-motion to amend its complaint to add a new claim for relief. For the reasons set forth below, both motions are granted.

BACKGROUND

This case involves a disability insurance policy purchased by defendant Thomas Morgan III (“Morgan”) from plaintiff Massachusetts Casualty Insurance Company (“Massachusetts Casualty”). The…