Signorello
New England Life Insurance v. Signorello
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…