Case v. RGA Insurance Services

I agree the trial court erred in granting summary judgment to Hanover, but not for the reasons stated in the majority’s opinion. I disagree with the majority’s conclusion that the trial court erred in granting summary judgment to RGA.

1. In Division 1, the majority ignores a long line of cases holding that the uncontroverted affidavit of the insurance company stating that it would not have issued the policy had the question on the application been answered truthfully is enough to sustain summary judgment. In Hanover’s motion for summary judgment, it claimed *6that due to a material…