Rapak v. Companion Life Insurance

Moore, Justice:

The following question is before us on certification from the United States Court of Appeals for the Fourth Circuit:

Whether an incontestability clause contained in an employer-funded group life insurance policy bars the insurer from defending its decision not to pay death benefits on the ground that an express condition of coverage that the insured be a full-time employee was not met because the insured was not employed by the employer at the inception of coverage or at any time thereafter.

FACTS

The decedent in this case, Mrs. Rapak, was employed full-time with White Oak Manor…