McEvoy v. American Bankers Insurance Group

PEREZOUS, J.,

Before us for disposition is the motion for summary judgment of defendant, American Bankers Insurance Group, in the action of plaintiff, decedent’s widow and administratrix of decedent’s estate, seeking damages for failure to pay on a putative contract of life insurance issued in decedent’s name less than two months before his death. Because we find, albeit reluctantly, that decedent’s false statements on his “application for insurance” were made knowingly and/or in bad faith, we grant insurer’s motion and hold the contract to be rescinded,1 the insurance certificate to be void,…