Massachusetts Mutual Life Insurance v. O'Brien

OPINION

RICHARD MILLS, District Judge:

This cause is before the Court on remand and the Plaintiffs motions to dismiss the Defendants’ counterclaims and affirmative defenses.

Defendants are the beneficiaries of a life insurance policy issued by the Plaintiff on the life of Sean P. O’Brien, the insured. Mr. O’Brien had suffered from cancer in the form of Hodgkin’s Disease when he applied for a policy with the Plaintiffs agent, Janell Farmer, in October of 1988. The Plaintiffs medical examiner, Dr. Rapp, completed Part 2 of the application, answering in the affirmative to the question asking…