Learn v. Hibbard

VARDARO, /.,

FACTS

This case arises out of a failed attempt by plaintiff’s decedent, David B. Learn, to obtain life insurance. The plaintiff is the widow of David B. Learn and the defendant, now deceased, was Mr. Leam’s physician at all times relevant to this matter.

In August 1985, Mr. Learn applied for a life insurance policy with the American Guardian Life Insurance Co. The application listed the defendant as Mr. Leam’s personal physician. In conjunction with that application, American Guardian sent an attending physician’s statement (APS) to the defendant. Despite reminders from American…