Ward

West Coast Life Insurance v. Ward

Good Law
132 Cal. App. 4th 181·2005 Cal. App. LEXIS 1347·2005 Daily Journal DAR 10469·33 Cal. Rptr. 3d 319·2005 Cal. Daily Op. Serv. 7744
Court of Appeal of CaliforniaAugust 25, 2005A108553California4,476 words

Opinion

Opinion

Swager, J.

Stephen R. Ward appeals a declaratory judgment to the effect that West Coast Life Insurance Company (WCL) properly rescinded a life insurance policy covering the life of his wife, Lois Ward, after receiving a claim for payment following her death. We affirm.

PROCEDURAL BACKGROUND

The declaratory judgment action concerned two inaccuracies in the application dated August 19, 2002, which Lois Ward submitted to WCL for a life insurance policy. Question No. 7 of the application asked if the “proposed insured” had any application for other life insurance then pending. The applicant responded: “No.” Question No. 14 asked for life insurance “in force and pending” on the proposed insured. The application did not disclose any in-force policies but listed pending insurance coverage with CNA and Jackson National, each in the amount of $1 million.

WCL issued a policy to Lois Ward on October 3, 2002, naming Stephen Ward as beneficiary. She died on December 12, 2002, somewhat more than two months later. After receiving a claimant’s statement from Stephen Ward, WCL rescinded the policy on the ground that the insurance application contained material misrepresentations about other…

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