Marcia Mosebay v. Mony Life Insurance Co.
Published: May 18, 2004 | Result Date: Aug. 20, 2003 | Filing Date: Jan. 1, 1900 |Case number: BC280460 Bench Decision – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Christian J. Garris
(Law Office of Christian J. Garris)
Defendant
Peter H. Mason
(Norton Rose Fulbright US LLP)
Facts
In 1988, the plaintiff, a real estate agent, entered into two insurance contracts with the defendant insurance company, requesting disability insurance benefits based upon her contention that she had become disabled from her job in the summer of 2000 as a result of a lumpectomy. Later in 2001, the defendant claimed that it had rescinded the two disability policies based on misrepresentations made in her insurance applications. In support of its decision, the defendant cited the contestable period and the fact that it was tolled during any time when the plaintiff suffered a disability. The plaintiff sued only the defendant and alleged breach of contract and bad faith.
Injuries
The plaintiff claimed contract damages, emotional distress damages and additionally punitive damages.
Result
The court entered a judgment for the defendant due to the tolling of a contestability clause which permitted rescission of the insurance policies, based upon material misrepresentations in the plaintiff's applications.
Other Information
The plaintiff has filed a notice of appeal.
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