Connecticut Mutual Life Life Insurance Company v. Harvey A. Cohen

29 F.3d 631 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. CONNECTICUT MUTUAL LIFE LIFE INSURANCE COMPANY, Plaintiff-Appellee, v. Harvey A. COHEN, Defendant-Appellant. No. 92-55443. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 3, 1994. Decided Aug. 1, 1994. MEMORANDUM * 1 Before: BRUNETTI, KOZINSKI, and BOGGS, ** Circuit Judges. 2 Harvey Cohen applied for and received a disability insurance policy from the Connecticut Mutual Life Insurance Company. It is undisputed that the application contained several material misrepresentations of fact, primarily that it severely understated the amount of disability income coverage that Cohen already held. When Cohen attempted to recover under the policy, Connecticut Mutual filed suit to rescind the policy, and the district court granted summary judgment to Connecticut Mutual. Cohen appeals, claiming that Connecticut Mutual was estopped from seeking rescission because of the action of its agent, and…