United States Eleventh Circuit

In case involving life insurance policy, where insured allegedly overstated her income in the policy application, summary judgment for defendant on a rescission claim is vacated where there are genuine issues of fact as to whether plaintiff had a good faith underwriting policy which would have caused it to reject her application or limit coverage, had it had known the insured's true income. The district court properly determined that an "autopsy" was performed within the meaning of the policy's "accidental death and dismemberment" rider.

Appellate Information

• Decided 02/08/2008
• Published 02/08/2008

Judges

• PER CURIAM:, Before BIRCH, CARNES and COX, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Robert B. McGinley, Jr., McDowell, Knight, Reodder & Sledge, LLC, James W. Lampkin, II, Alford, Clausen & McDonald, LLC, Mobile, AL, for Mega Life & Health Ins. Co., Tony S. Hebson, Gulas Stuckey, P.C., Birmingham, AL, for Pieniozek.