Willard

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S CROSS-MOTION FOR SUMMARY JUDGMENT

Defendant’s Motion for Summary Judgment is GRANTED. Plaintiffs Cross Motion for Summary Judgment is DENIED.

I. BACKGROUND

Plaintiff, the widow of Mr. Robert Willard and beneficiary of his life insurance policy, brought breach of contract claims against Defendant Valley Forge Life Insurance Company for the payment of her husband’s $200,000 life insurance policy benefits. Defendant refused to pay the benefits because it contends the policy is void. Defendant claims the policy never took effect because Willard did not disclose his fatal diagnosis of pancreatic cancer.

On July 9, 1998, Willard signed and submitted a $200,000 life insurance policy application to Defendant. The insurance application provided the policy took effect upon immediate payment with submission of the application, or upon receipt of payment due if the insured’s health had not changed since the initial application. Defendant’s representative, Paul Simon, declares Willard intended to replace his former policy from Massachusetts Mutual Life with Defendant’s policy. Simon testified he regularly tells…