Roberts v. Massachusetts Indemnity & Life Insurance Co.

DEVANY, Justice.

Ethel Roberts appeals a summary judgment in favor of Massachusetts Indemnity and Life Insurance Company (MILICO) which denied her claim to death benefits under a $200,000 life insurance policy that MILICO issued to her husband Charles B. Roberts, Jr. (the insured). We disagree with Roberts’s contention that MILICO’s acceptance of a check from the insured which was not paid by the bank of the insured because of insufficient funds was adequate to activate MILICO’s liability under the contract. Consequently, we affirm the judgment of the trial court.

The facts are not in dispute.…