Carden v. First Unum Life Insurance

Opinion

GRIESA, Chief Judge.

Plaintiff Carden brings this action to recover disability benefits under an insurance policy defendant First Unum issued to Carden on November 15, 1993. First Unum moves for summary judgment.

The motion is denied.

Carden applied to First Unum for disability insurance. The application contained answers to various standard questions concerning Carden’s health and medical history. On November 11, 1993 First Unum issued a policy to Carden with an effective date of November 15, 1993. On December 1, 1993 Carden made his first premium payment on the policy.

As a condition…