Material Misrepresentations on Life Insurance Application Requires Rescission

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Howard Tenzer (Howard) appealed from the district court’s grant of summary judgment in favor of Minnesota Life Insurance (Minnesota Life) in Howard Tenzer, Legal Guardian on behalf of A.T. v. Minnesota Life Insurance Company, United States Court Of Appeals for The Ninth Circuit (October 21, 2020) and sought reversal.

ZALMA OPINION

The fact that the decedent made multiple, material, misrepresentations on the application the insurer had every right to rescind. It was contumacious for Howard to sue for bad faith and appeal when he even admitted that Mark lied on the application and had no evidence to counter the testimony of the underwriter, Helberg, that established the insurer would have refused the insurance if it was told the truth. Helberg, and the insurer, were entitled to rely on the good faith of Mark when he applied and was not required to investigate the application to disprove the representations before issuing the policy.