Vasil M. Markoff v. New York Life Insurance Company

Appellant Vasil M. Markoff appeals from a summary judgment rendered against him by the District Court for the District of Nevada. Appellant brought this action based upon two life insurance policies issued in 1963 by appellee New York Life Insurance Company. Appellant contended that he had been totally disabled and was therefore entitled to “waiver of premium” benefits pursuant to the two policies.

Prior to instituting this action, appellant filed an action in the Nevada state court for damages and amounts allegedly due under an income protection policy issued by appellee in 1963. After a trial, the court held for appellee based on findings that: (1) appellant had intentionally misrepresented and concealed his prior medical history, and (2) there was an absence of total disability such as to trigger New York Life’s obligation to pay disability benefits. On review, the Nevada Supreme Court affirmed the trial court in Markoff v. New York Life Insurance Company, 88 Nev. 319 , 497 P.2d 904 (1972), cert. denied 409 U.S. 1064 , 93 S.Ct. 572 , 34 L.Ed.2d 520 (1972), without specifically mentioning the trial court’s finding on total disability. After stating that the trial…