[DOWNLOAD] "Northwestern Mutual Life Insurance Co. v. Babayan" by United States Court of Appeals for the Third Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: Northwestern Mutual Life Insurance Co. v. Babayan
- Author : United States Court of Appeals for the Third Circuit
- Release Date : January 30, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 89 KB
Description
For the third time in the past four years, we are asked to determine whether summary judgment was properly granted in favor of an insurer on the basis that an insurance applicants material omissions on an application constituted bad faith as a matter of law and rendered the policy void ab initio. Compare Justofin v. Metropolitan Life Ins. Co., 372 F.3d 517 (3d Cir. 2004), with Burkert v. Equitable Life Assur. Soc. of America, 287 F.3d 293 (3d Cir. 2002). Appellant Kathleen Babayan argues that our recent decision in Justofin created a "bright-line" rule that bad faith can never be inferred as a matter of law if the applicant provides some relevant medical information, but fails to provide complete information. We decline to adopt Babayans proposed bright-line rule in this case. The record contains incontrovertible documentary evidence that Babayan omitted information in bad faith, and there is no relevant relationship between the information Babayan provided on her application and the specific information she omitted. Accordingly, we will affirm the judgment of the District Court that Babayans omissions on her insurance application constituted bad faith as a matter of law.