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Kimmel v. W. Reserve Life Ins. Co. of Ohio, 10-1336

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By FindLaw Staff on November 23, 2010 2:24 PM

Insurer's denial of a widow's claim for life insurance benefits under the terms of the conditional receipts

Kimmel v. W. Reserve Life Ins. Co. of Ohio, 10-1336, concerned a challenge to the district court's grant of an insurer's motion for summary judgment, in a widow's suit against an insurer for denying coverage of her claim pursuant to her deceased husband's life insurance benefits under the terms of the conditional receipt.

In affirming, the court held that, based on the plain language of the application and the conditional receipt, the husband could not have had any reasonable expectation of insurance coverage after the expiration of insurance coverage after a 60-day period passed.  The court also held that it need not be determined either as a matter of law or fact whether the husband made misrepresentations and whether those misrepresentations were sufficiently material to void his coverage.  Lastly, the court held that, although the insurer deserves criticism for its handling of the husband's application for life insurance, its behavior is not actionable under Indiana tort law.

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