Lincoln Benefit Life Co. v. Bowman

221 F. Supp. 3d 617
CourtDistrict Court, E.D. Pennsylvania
DecidedOctober 20, 2016
DocketCIVIL ACTION NO. 15-6697, CIVIL ACTION NO. 15-6698, CIVIL ACTION NO. 15-6699, CIVIL ACTION NO. 15-6700, CIVIL ACTION NO. 15-6701, CIVIL ACTION NO. 15-6702, CIVIL ACTION NO. 15-6703
StatusPublished
Cited by3 cases

This text of 221 F. Supp. 3d 617 (Lincoln Benefit Life Co. v. Bowman) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lincoln Benefit Life Co. v. Bowman, 221 F. Supp. 3d 617 (E.D. Pa. 2016).

Opinion

MEMORANDUM OPINION

Savage, DISTRICT JUDGE

In these cases seeking to void life insurance policies, Lincoln Benefit Life Company (“Lincoln”) started out claiming its insured faked his death, shifted to claiming he committed suicide and most recently contends he made material misrepresentations in his applications. Moving for summary judgment, Lincoln argues the undisputed material facts establish that Paul Godlewski, its insured, knowingly made misrepresentations regarding his mental and physical health in his applications. The defendants, the beneficiaries, counter that the misrepresentations were not material because Lincoln knew of Godlewski’s mental and physical health conditions; and, if it did not, it still would have issued the policies at the same rates.

There is no question that Godlewski made misrepresentations about his medical history and health. However, because there are genuine issues of fact regarding his intent in the application process and the materiality of the misrepresentations, a jury must decide whether Lincoln would have issued the policies had it known his medical history. The jury must determine whether Lincoln would have deemed the omitted information material or is now claiming that it was material in order to avoid paying the beneficiaries. Therefore, we shall deny Lincoln’s motions for summary judgment.

We shall also deny the parties’ cross-motions for summary judgment on the issue of whether Lincoln conducted its investigation into the cause and manner of Godlewski’s death in bad faith. A jury must decide whether there was sufficient proof of death and whether Lincoln’s investigation demonstrated a reasonable basis for questioning and refusing the claims.

Background

On June 10, 2015,1 Paul Godlewski’s body was found floating in Chalk Sound in the Turks and Caicos Islands. The cause of death listed on the death certificate was “(A) Acute Coronary Artery Thrombosis” and “(B) Drowning.”2 The cause of death, after an autopsy, was determined to have been “Coronary Artery Thrombosis which most likely triggered a fatal arrhythmia (Heart Attack).”3

At the time of his death, Godlewski had ten life insurance policies underwritten by Lincoln.4 When three of the policies had lapsed for non-payment of premiums in 2013 and 2014, Godlewski successfully applied to reinstate them.5 Between 2013 and [621]*6212015, he submitted applications for four new policies.6

Lincoln filed declaratory judgment actions against the beneficiaries of seven of the policies. Six seek to void the policies for material misrepresentations.7 In those cases, in addition to asserting material misrepresentations, Lincoln alleged that Godlewski was not dead and the body found in the Turks and Caicos Islands was not his. In the alternative, it alleged he had committed suicide. Lincoln no longer disputes that it was Godlewski who died in Chalk Sound.

Unlike the six other actions, the remaining action does not seek to void the policy on the basis of material misrepresentations.8 Instead, Lincoln’s complaint alleged that Robert Bowman, the beneficiary, failed to establish due proof of Godlewski’s death, and that payment was barred or limited based on the cause and manner of death.9 Bowman filed a counterclaim for bad faith, contending that Lincoln conducted an inadequate investigation into the cause and manner of Godlewski’s death,10 unjustifiably refused to pay him, and claimed that he had murdered Godlewski.11

In May 2016, five months after Lincoln filed its complaint, Lincoln paid Bowman $305,802.12 In October 2016, it withdrew its complaint. The only remaining claim is Bowman’s for bad faith. The parties filed cross-motions for summary judgment on the bad faith issue.13

The defendants also filed a counterclaim for bad faith in the six other actions. Like in Bowman’s counterclaim, the beneficiaries contend that Lincoln’s investigation into the cause and manner of Godlewski’s death was inadequate. The counterclaims also contend that Lincoln’s assertion of material misrepresentations in Godlewski’s applications is unfounded.14

In its motions for summary judgment in the six other actions, Lincoln relies primarily on the material misrepresentation theory. When Godlewski applied for the new policies and for reinstatement of the lapsed policies, he was asked questions regarding his past medical history and current health.15 Lincoln contends he did not [622]*622disclose information that was material to its decision to insure his life. The questions and responses Lincoln relies upon to support its claim of misrepresentation are:

“1. In the past 10 years (or since becoming insured under this policy, if less) has any person insured or proposed for insurance under this policy been diagnosed with, or sought or received treatment or advice for:...
Q: dependency on or addiction to alcohol or any drug?
A: No...
Q: epilepsy or seizures, disorder of the brain or nervous system, depression, or other mental or nervous disorder?
A: No...
2. Other than previously disclosed, in the past 5 years, have any Proposed Insureds:
Q: had a checkup, consultation, hospitalization, illness, surgery, or medical or diagnostic test?
A: No
Q: been advised to have a medical consultation, diagnostic test, or surgery that has not been done?
A: No
3. Are any Proposed Insureds taking any prescription medications not previously disclosed?
A: No...
7. Do any Proposed Insureds plan to spend more than 2 weeks outside the U.S. in the next year?
A: No.”16

When an applicant answers “yes” to any of the medical history inquiries, he is instructed to provide details, including the medical condition, how it was treated, the relevant dates, the current status, and the name and address of the physician and/or facility associated with the condition.17 The only additional information Godlewski disclosed in response to any of the questions was that he had checkups with his primary care physician, Dr. Albert Cuozzo. Godlew-ski reported “regular” results in February 2011.18 “normal results other than Doctor wanted me to lose weight” in August 2011.19 “regular” results in February 2012.20 “results were good (no problems)” in January 2014,21 and “good results” in February 2014.22 In one application for reinstatement, Godlewski answered “yes” in response to the question regarding prescription medication usage. He added that he took “fish oil, multivitamins, and vit[amin] B12 (over the counter) — not prescribed by doctor.”23

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Cite This Page — Counsel Stack

Bluebook (online)
221 F. Supp. 3d 617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lincoln-benefit-life-co-v-bowman-paed-2016.