Brown v. John Hancock Mutual Life Insurance

The defendant appeals from an order of the Superior Court {Charles T. Gallagher, Esq., Master; Gray, J.), granting summary judgment for the plaintiff in this action for the proceeds of a group life insurance policy. The issues presented are whether the trial court overstepped its authority on motion for summary judgment by resolving a factual dispute in finding that the insured decedent had not been informed of a policy exclusion for death *487caused while racing an automobile, and whether the defendant was entitled to summary judgment based on the decedent’s failure to make advance payment of…