Legal Opinion
United of Omaha Life Insurance Company v. Rex Roto Corporation
Court of Appeals for the Sixth Circuit
Decided September 19, 1997No. 96-1640PublishedCited by 25 opinions
1Opinion of the Court
OPINION
DAVID A. NELSON, Circuit Judge.
This is a diversity case that presents the following question: Where a life insurance company has issued a policy for which it would have charged a substantially higher premium had it been aware of an intentionally misrepresented medical condition, would knowledge of the facts misrepresented “have led to a refusal by the insurer to make the contract,” within the meaning of these words as used in Michigan’s insurance code? If the question is answered “yes,” as we believe it should be, the misrepresentation bars recovery on the policy.
I
The plaintiff, United…
2Cases cited10 opinions
- Jennifer Kay Brumit Mathis and Her Husband, Barry L. Mathis, Plaintiffs v. Eli Lilly and CompanyCourt of Appeals for the Sixth Circuit · 1983
- Keys v. PaceMichigan Supreme Court · 1959
- In Re Certified QuestionMichigan Supreme Court · 1982
- Wickersham v. John Hancock Mutual Life InsuranceMichigan Supreme Court · 1982
- Howard v. Golden State Mutual Life InsuranceMichigan Court of Appeals · 1975
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Smith v. Globe Life InsuranceMichigan Supreme Court · 1999
- Taylor Steel, Inc. v. Lana C. KeetonCourt of Appeals for the Sixth Circuit · 2005
- Official Unsecured Creditors Committee of Valley-Vulcan Mold Co. v. Ampco-Pittsburgh Corp. (In Re Valley-Vulcan Mold Co.)Bankruptcy Appellate Panel of the Sixth Circuit · 1999
- Marria Saroli Richard Saroli v. Automation & Modular Components, Inc. Richard A. ShoreCourt of Appeals for the Sixth Circuit · 2005
- United States v. LancasterCourt of Appeals for the Sixth Circuit · 2007
20 more not listed; retrieve them via the Exa API.