Signorello

New England Life Insurance v. Signorello

Good Law
119 F. Supp. 2d 1052·2000 WL 1572465·2000 U.S. Dist. LEXIS 15982
United States District Court, Northern District of CaliforniaSeptember 7, 2000C 99-4297 MHPCalifornia4,632 words

Opinion

Opinion

Patel, J.

MEMORANDUM AND ORDER

On September 20, 1999, New England Life Insurance Company (“New England”) filed this action against Raymond E. Sig-norello, Jr. (“Signorello, Jr.”) seeking re-cission and declaratory relief. In his amended counterclaim, Signorello, Jr. alleges breach of contract, breach of the covenant of good faith and fair dealing, intentional infliction of emotional distress, negligent misrepresentation and intentional misrepresentation.

Now before the court is New England’s motion for summary judgment. Having considered the parties’ arguments and for the reasons set forth below, the court enters the following memorandum and order.

BACKGROUND

New England received an application dated August 15, 1997, for a $500,000 life insurance policy naming Raymond E. Sig-norello, Sr. (“Signorello, Sr.”) as the proposed insured and Signorello, Jr. as the owner and beneficiary. No money was submitted with the application.

The application provides the following Declaration:

Haddad Dec., Exh. A at 8.

On the application, Signorello, Sr. stated that he had been diagnosed with throat cancer in July 1991 and received “chemo-radiation” treatment. Signorello, Sr. identified the treating…

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