Peoria, IL (309) 676-0591

Massachusetts Mutual v. O’Brien

No. 92-3937 (7th Cir. 1993)

When life insurance policy becomes effective.

Insurer brought action for declaratory judgment regarding its rights and obligations under life policy. The United States District Court for the Central District of Illinois, Richard Mills, J., entered summary judgment against insurer, which appealed. The Court of Appeals, Flaum, Circuit Judge, held that: (1) insured had duty to disclose upon delivery of policy that he was diagnosed with and treated for osteosarcoma, or bone cancer, since submitting application; (2) disclosure on application that insured had suffered from Hodgkin’s disease while a child could not satisfy his duty to disclose osteosarcoma diagnosis; and (3) triable issues existed as to whether insurer waived its right to deny coverage.  Read More