American General Life Insurance v. Underwood

85 F. Supp. 3d 944, 2015 U.S. Dist. LEXIS 2311, 2015 WL 137529
CourtDistrict Court, E.D. Tennessee
DecidedJanuary 9, 2015
DocketNo. 3:10-CV-63
StatusPublished
Cited by1 cases

This text of 85 F. Supp. 3d 944 (American General Life Insurance v. Underwood) is published on Counsel Stack Legal Research, covering District Court, E.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American General Life Insurance v. Underwood, 85 F. Supp. 3d 944, 2015 U.S. Dist. LEXIS 2311, 2015 WL 137529 (E.D. Tenn. 2015).

Opinion

MEMORANDUM OPINION

LEON JORDAN, District Judge.

This civil action is before the court for consideration of “Plaintiff/Counter-Defendant/Third-Party Plaintiff American General Life Insurance Company’s Motion for Summary Judgment” [doc. 38]. Defendant/Third-Party Plaintiff Brenda Underwood (“Underwood”) has filed a response [docs. 44, 45], and American General Life Insurance Company (“American General”) has submitted a reply [doc. 50]. Oral argument is unnecessary, and the motion is ripe for the court’s determination.

American General has filed suit to rescind a life insurance policy pursuant to Tennessee Code Annotated § 56-7-103 or in the alternative for a declaratory judgment that insurance coverage under the policy never became effective. Underwood has filed a counterclaim for breach of contract or in the alternative for a declaratory judgment finding that insurance coverage was in existence at the time of the death of Underwood’s husband, David Underwood (“Decedent”). American General seeks summary judgment on its claims against Underwood along with a denial and dismissal of Underwood’s counterclaim.1 For the reasons that follow, American General’s motion for summary judgment will be granted on all grounds, including the dismissal of Underwood’s counterclaim.

I.

Background

On September 8, 2008, Decedent executed Part A of an application for a term life insurance policy with American General. Decedent executed Part B of the application on September 24, 2008. Parts A and B are considered the “Application.” The policy is a twenty-year term policy with a death benefit of $300,000, with Underwood as the primary beneficiary. The policy has a two-year contestability period.

The application for the policy at issue contains the following language:

I, the Proposed Insured signing below, agree that I have read the statements contained in this application and any attachments or they have been read to me. They are true and complete to the best of my knowledge and belief. I understand that this application: (1) will consist of Part A, Part B, and if applicable, related attachments including supplements) and addendum(s); and (2) shall be the basis for any policy and any rider(s) issued. I understand that any misrepresentation contained in this application and relied on by the Company [947]*947may be used to reduce or deny a claim or void the policy if: (1) such misrepresentation materially affects the acceptance of the risk; and (2) the policy is within its contestable period.
Except as may be provided in any Limited Temporary Life Insurance Agreement, I understand and agree that even if I paid a premium no insurance will be in effect under this application or under any new policy or any rider(s) issued by the Company unless or until all three of the following conditions are met: (1) the policy has been delivered and accepted; and (2) the full first modal premium for the issued policy has been paid; and (3) there has been no change in the health of the Proposed Insured(s) that would change the answers to any questions in the application before items (1) and (2) in this paragraph have occurred. I understand and agree that if all three conditions above are not met (1) no insurance will begin in effect; and (2) the Company’s liability will be limited to a refund of any premiums paid, regardless of whether loss occurs before premiums are refunded. I understand and agree that no agent is authorized to: accept risks or pass upon insurability; make or modify contracts; or waive any of the Company’s rights or requirements.

Part B of the application contains the following questions and answers provided by Decedent:

5. Personal Health History ...
B. Is the Proposed Insured currently taking any medication, treatment or therapy or under medical observation?
(If yes, provide details such as: date of first diagnosis; name, address, and phone number of doctor; tests performed; test results; medications or recommended treatment).
[Decedent answered “yes” and provided “Methotrexate — see above” and “Mobic for arthritis”] ...
F. Other than previously stated, in the past 10 years, has the Proposed Insured:
1) been hospitalized, consulted a health care provider or had any illness, injury or surgery?
(If yes, provide details such as: date of first diagnosis; name, address, and phone number of doctor; tests performed; test results; medications or recommended treatment).
[Decedent answered “yes” and provided “Mercer (sic) staph infection — operation to correct 3 yrs ago. Dr. Schuman, 2001 Laurel Ave., Knoxville, TN 37916, (865) 673-0288 full recovery”] ...
G. Does the Proposed Insured have any symptoms or knowledge of any other condition that is NOT disclosed above?
(If yes, provide details such as: date of first diagnosis; name, address, and phone number of doctor; tests performed; test results; medications or recommended treatment)
[Decedent answered “No”].

The Policy provides: “The entire contract consists of this Policy, any riders and endorsements, the attached copy of the original application and any amendments or supplemental applications.”

On January 19, 2009, Decedent saw Dr. Anthony Morton for complaints of posteri- or cervical discomfort, fever, and chills which he had been experiencing for a week. Dr. Morton prescribed Septra, Bac-troban, and Hibiclens and told Decedent to return if not improved.

At delivery of the policy on January 24, 2009, Underwood executed a document titled Health Statement Policy Acceptance Acknowledgement American General Life Insurance Company by signing Decedent’s name. The Health Statement provides in relevant part:

[948]*948I represent, on behalf of myself and any dependent that may have been proposed for insurance, that to the best of my knowledge and belief:
1. There have been no changes since the date of the application in either health or in any other condition which would affect insurability; and
2. Neither I nor any other proposed insured has, since the date of the application:
A. Consulted a doctor or other practitioner or received medical or surgical advice or treatment.
B. Acquired any knowledge or belief that any statements made in the application are now inaccurate or incomplete.
I hereby represent that I have read, understand and verify the accuracy of the statements made above. I agree that this Acknowledgment will be made a part of the policy. I understand that if any statement above is not true, I should not sign this form. Instead, I should have the policy returned to the Company with full details for further underwriting consideration.

On January 26, 2009, Decedent again saw Dr. Morton who found on examination bilateral axillary lymphadenopathy masses and noted, “Findings are suspicious for development of lymphoma.” He requested a referral to surgery for a biopsy.

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Bluebook (online)
85 F. Supp. 3d 944, 2015 U.S. Dist. LEXIS 2311, 2015 WL 137529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-general-life-insurance-v-underwood-tned-2015.