MASSACHUSETTS INDEMNITY AND LIFE INSURANCE COMPANY V. Humphreys
Oct 07, 1994OUTCOME: Success
644 So.2d 818 (1994) Life insurance carrier issued a refund to wife before husband died. The letter from the carrier misled the wife into believing that the insurance policy was not issued, because t ... he husband had cancer and was not insurable, when in fact the policy was issued. When the husband died, the insurance carrier claimed that by cashing the refund check the widow had agreed to the cancellation of the policy. I have successfully argued that because the letter was misleading the wife could not have consented to the cancellation, and the carrier was ordered to pay $75,000 in life insurance proceeds, plus 12% interest as a penalty, in addition to legal interest. At the end they paid $110,000. I was happy for this widow!
