Ruth S. Miller v. Republic National Life Insurance Company

Appellant Ruth S. Miller appeals from an order granting summary judgment in favor of Appellee Republic National Life Insurance Co. (Republic). Miller contends that Republic improperly denied her deceased husband’s application for life insurance based on a condition that was not known to exist at the time the application was submitted and the premium fully paid. Because certain genuine issues of material fact remain to be determined, the order granting summary judgment is reversed and the case remanded for trial.

FACTS

The pertinent facts are undisputed. On November 15, 1977, Republic agent Alan Miller solicited his father, Fred Miller, to purchase a $50,000 life insurance policy. Within a week Fred Miller was examined by a doctor selected by Republic, and on November 22 Miller signed an application naming his wife Ruth as beneficiary. The application provided in part that,

The application also reserved to Republic “60 days from the date of receipt of the application ... to determine the insurability of the Proposed Insured on the basis on which the application is made or on another basis.” Finally, the application stated that

Republic concedes for purposes of this appeal that…

dissenting:

I dissent and would affirm the District Court. I regard the holding of the majority and its rationale as contrary to the clear language of the December 4 receipt.

I agree that under the terms of that receipt the facts establishing uninsurability must have existed as of December 4. I disagree with the majority, however, on its contention that the question is not whether those facts then existed, but whether their existence on that date had been disclosed by the medical examination requested by Republic. I find nothing in the policy or the receipt to warrant such a conclusion. It is the fact of uninsurability as of December 4 that is crucial 1 and not some subjective assumption or expectation that may then have existed based on mistake of fact. The company very clearly and explicitly reserved 60 days to ascertain the truth.

. No issue of fact exists as to that. Counsel for appellant at oral argument conceded what to me seems obvious: that the malignant brain tumor which was diagnosed on December 8 existed four days earlier.

714 F.2d 958 Ruth S. MILLER, Plaintiff/Appellant, v. REPUBLIC NATIONAL LIFE INSURANCE COMPANY, Defendant/Appellee. No. 82-4549. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 10, 1983. Decided Sept. 1, 1983. Melvyn D. Silver, Suden & Silver, San Jose, Cal., for plaintiff/appellant. John L. Boos, Pettit & Martin, San Francisco, Cal., for defendant/appellee. On Appeal from the United States District Court for the Northern District of California. Before MERRILL, FLETCHER, and PREGERSON, Circuit Judges. PREGERSON, Circuit Judge: 1 Appellant Ruth S. Miller appeals from an order granting summary judgment in favor of Appellee Republic National Life Insurance Co. (Republic). Miller contends that Republic improperly denied her deceased husband's application for life insurance based on a condition that was not known to exist at the time the application was submitted and the premium fully paid. Because certain genuine issues of material fact remain to be determined, the order granting summary judgment is reversed and the case remanded for trial. FACTS 2 The pertinent facts are undisputed. On November 15, 1977, Republic agent Alan Miller solicited his father,…