Massachusetts Mutual Life Insurance v. Sullivan

The plaintiff commenced this action seeking a determination that the disability insurance policy issued to the defendant was void and that the plaintiff’s only obligation was to return the premiums paid by the defendant. A master concluded that the policy was void because the defendant had failed to satisfy necessary conditions of the policy. The judge adopted the master’s report, and judgment was entered declaring the policy to be void upon the plaintiff’s payment to the defendant of the premiums paid plus interest. 1. The insurance policy states that “the Company shall incur no liability…