United States Seventh Circuit
Kimmel v. W. Reserve Life Ins. Co. of Ohio, 10-1336
In a widow's suit against an insurer, for denying coverage of her claim pursuant to her deceased husband's life insurance benefits under the terms of the conditional receipt, district court's grant of insurer's motion for summary judgment is affirmed where: 1) based on the plain language of the application and the conditional receipt, the husband could not have had any reasonable expectation of insurance coverage after the expiration of insurance coverage after a 60-day period passed; 2) it need not be determined either as a matter of law or fact whether the husband made misrepresentations and whether those misrepresentations were sufficiently material to void his coverage; and 3) although the insurer deserves criticism for its handling of the husband's application for life insurance, its behavior is not actionable under Indiana tort law.
Appellate Information
- Argued 09/22/2010
- Decided 11/23/2010
- Published 11/23/2010
Judges
Court
- United States Seventh Circuit