Lunardi

Paul Vincent Lunardi and Denise Lunardi, executor of the estate of Ralph Lunardi, brought this action for breach of contract and negligence after respondent Great-West Life Assurance Company (Great-West) rescinded the insurance policy it had issued on Ralph’s life. The trial court ruled that Great-West validly rescinded the policy because Ralph and Paul had concealed and misrepresented Ralph’s medical condition during the application period. Accordingly, the court denied plaintiffs’ motion for summary adjudication of their breach of contract claim and granted summary judgment to Great-West.

On appeal, plaintiffs maintain that Great-West was not entitled to summary judgment because (1) the “good health” provision on which it relied was unenforceable, (2) Great-West cannot establish misrepresentation or concealment, and (3) Great-West failed to negate their claim that Ralph would have been insurable but for the negligence of Great-West and its agents. We will affirm.

Background

In May of 1989, Ralph and Paul Lunardi, ages 30 and 28 respectively, were employees and part owners of the family business, Lunardi’s Supermarkets. In June or July of that year, Ralph and Paul met…