Malcom

Plaintiffs Pamela Malcom (Pamela) and Medmetric Corporation (Medmetric) appeal summary judgment favoring defendant Farmers New World Life Insurance Company (Farmers) on their first amended complaint for breach of life insurance contracts. Plaintiffs contend the court erred in determining the contracts’ suicide provision to be plain, clear, conspicuous and unambiguous as a matter of law. Plaintiffs also contend the court erred in concluding Farmers did not owe the decedent insured Lawrence Malcom (Lawrence) an affirmative duty at time of purchase to advise him of the suicide provision’s limiting effect. We affirm the summary judgment.

I

Facts

We state the undisputed facts in the record.

In 1982 Farmers issued and delivered two $100,000 policies on Lawrence’s life with plaintiffs as beneficiaries.

Each policy contained a clause providing: “Suicide, whether sane or insane, will not be a risk assumed during the first two policy years. In such a case we will refund the premiums paid.”

In May 1984, within two years after the policies were issued, Lawrence committed suicide.

In July 1984 Farmers received plaintiffs’ claims seeking each policy’s $100,000 benefit.

In…