Principal Nat'l Life Ins. Co. v. Coassin

884 F.3d 130
CourtCourt of Appeals for the Second Circuit
DecidedMarch 5, 2018
DocketNo. 16-2930-cv; August Term 2017
StatusPublished
Cited by19 cases

This text of 884 F.3d 130 (Principal Nat'l Life Ins. Co. v. Coassin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Principal Nat'l Life Ins. Co. v. Coassin, 884 F.3d 130 (2d Cir. 2018).

Opinion

Calabresi, Circuit Judge:

In this appeal from a bench trial, we must decide whether the District Court properly denied an insurance company's *132motion to rescind a life insurance policy on the basis of misrepresentations made by the deceased when applying for the policy. The District Court found that the deceased had made misrepresentations in his life insurance application. It concluded, however, that the deceased's misrepresentations were immaterial and denied the motion to rescind.

In reaching this result, the District Court relied on Pinette v. Assurance Co. of America , 52 F.3d 407 (2d Cir. 1995) (" Pinette ") and FDIC v. Great American Insurance Co. , 607 F.3d 288 (2d Cir. 2010) (" Great American Insurance Co. "), our most recent decisions on when, under Connecticut law, an insurer may rescind a policy because of an insured's misrepresentation.

No decision of a Connecticut court or of this Court calling Pinette or Great American Insurance Co. into question has been brought to our attention. Nor has any independent research revealed any cases missed by the parties. "A ruling of one panel of this Circuit on an issue of state law normally will not be reconsidered by another panel absent a subsequent decision of a state court or of this Circuit tending to cast doubt on that ruling." Woodling v. Garrett Corp. , 813 F.2d 543, 557 (2d Cir. 1987). Accordingly, the District Court correctly identified Pinette and Great American Insurance Co. as setting the controlling standards in this case. The District Court's findings of fact were not clearly erroneous. We see no error in its application of these facts to the controlling standards. We, therefore, affirm.

I.

On April 9, 2012, Lawrence Coassin submitted an application to Principal National Life Insurance Company ("Principal") for a $10,000,000 life insurance policy to replace an existing life insurance policy that he had had with another company. The application contained the following language:

I represent that all statements in this application are true and complete to the best of my knowledge and belief and were correctly recorded before I signed my name below. I understand and agree that the statements in the application, including statements by the Proposed Insured in any medical questionnaire that becomes a part of this application, shall be the basis of any insurance issued. I also understand that misrepresentations can mean denial of an otherwise valid claim and rescission of the policy during the contestable period.

App. 958. On April 17, 2012, Principal issued Coassin the requested life insurance policy on the conditions that he complete, among other things, an Amendment to that Application and a Supplemental Statement of Health.

On April 25, 2012, Coassin completed the Amendment and revised his answer to question 18(j) of the original application. That question asked: "In the last ten years, have you had, been treated for or been diagnosed as having ... any disease or disorder of the eyes, ears, nose, throat or skin?" App. 956. In the original application, he had answered "no." App. 956. In the Amendment, he answered, "[Y]es, earache with dizziness, lightheadedness and vertigo 12/11. Resolved completely without recurrence. No further MD visits needed." App. 949. The Amendment provided that "amendments to the Application listed above are part of the Application, and the Application and the amendments are to be taken as a whole." Id .

On the same day, he also completed the Supplemental Statement. He checked "No" to the question, "Have you had any illness or injury or consulted a member of the *133medical profession since the date of application?" App. 950. The Supplemental Statement likewise provided that "these statements will become part of my application and any policy issued on it." Id .

In filling out these forms, Coassin knowingly made misrepresentations to Principal. On April 17, 2012, Coassin had seen Dr. Ronald Hirokawa, an ear, nose, and throat specialist, to investigate his vertigo. At the visit, Dr. Hirokawa had arranged a) further tests and b) future appointments. All this was contrary to what Coassin had represented in the Amendment and the Supplemental Statement. Unaware of these falsehoods, Principal issued the life insurance plan at a standard rate.

Coassin followed up with three scheduled appointments. First, he sat for a standard hearing test, known as a basic audiological evaluation, and performed normally. Second, he underwent an auditory brainstem response evaluation ("ABR") and the audiologist reported that "[r]etrococlear pathology," a problem relating more closely to the brain than to the inner ear, "cannot be ruled out." App. 968. Third, he received a videonystagmography ("VNG") and learned that there "is a sign of [a central nervous system] lesion." App. 967.

Because the ABR and the VNG produced abnormal results, Dr. Hirokawa recommended a magnetic resonance imaging ("MRI"). Coassin received an MRI and the radiologist noted that "[n]o abnormal mass is seen," App. 284, but that indications could "signal abnormality." App. 285. Dr. Hirokawa then suggested that Coassin "seek an evaluation or consultation with a neurologist." App. 286.

Coassin sent his MRI to Dr. Samuel Potolicchio, a neurologist who happened to be his brother-in-law, and Dr. Potolicchio told him in a conversation on the telephone that "[t]here was no structural lesion in the brain to suggest tumor." App. 332. Dr. Potolicchio explained Coassin's vertigo by noting that he "most likely had benign positional vertigo" and that "[t]here are exercises that [he] could do, there's specific therapy that can be done, and medications that could be used." App. 333. Significantly, he did not recommend further testing or evaluation.

In November 2012, an MRI with contrast revealed that Coassin had, in fact, developed a brain tumor. In July 2013, Coassin died. Later that year, Coassin's wife, acting as a trustee of the Lawrence P. Coassin Irrevocable Trust dated 06/23/1999, submitted a claim for benefits under the policy.

Because Coassin died within two years of applying for his policy, Principal performed a contestability review "to provide an underwriting opinion as to what we would have done had all the true facts been known." App. 416. As part of this review, Principal investigated Coassin's application and discovered his misrepresentations. After consulting Principal's written guidelines, Principal concluded that, had it known the truth, it would have denied Coassin's application.

Principal then brought suit in the District of Connecticut for rescission of the policy and for a declaration that the Policy was void. Principal moved for summary judgment.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
884 F.3d 130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/principal-natl-life-ins-co-v-coassin-ca2-2018.