Citations
- 546 F. Supp. 2d 1231
Full opinion text
MEMORANDUM AND ORDER
JOHN W. LUNGSTRUM, District Judge.
Plaintiff Jean Mulholland brought this action in Kansas state court against Metropolitan Life Insurance Company (“Met-Life”), alleging breach of an insurance contract. The action was brought to recover on an insurance policy issued on the life of Ms. Mulholland’s deceased husband, Mr. Frank A. Mulholland. MetLife removed the case to this federal court, (doc. # 1) The matters presently before the Court are Ms. Mulholland’s and MetLife’s Motions for Summary Judgment, (docs.# 17, 33) For the reasons stated herein, the Court denies both Motions.
MATERIAL FACTS
Ms. Mulholland was the wife of Frank A. Mulholland, deceased. From January 1, 1995 to April 1, 2005, Mr. Mulholland was a Covered Person under a policy of Group Universal Life Insurance (the “Group Policy”). The policy lapsed on April 1, 2005, due to non-payment of the premium. Marsh @WorkSolutions (“Marsh”), a service of Seabury & Smith, Inc. is the third party administrator for the Group Policy. By letter dated September 6, 2005, Marsh advised Mr. Mulholland that his Certificate for coverage under the Group Policy had lapsed effective April 1, 2005. This letter was on Marsh letterhead and stated that if he was interested in reinstating coverage, he should refer to the reinstatement provisions of his certificate, and he would have to provide his medical history, which would be forwarded to MetLife for review.
Mr. Mulholland submitted to Marsh an application for reinstatement, a Statement of Health form, and a medical authorization, all dated October 3, 2005. On the Statement of Health form Frank Mulhol-land checked “yes” to question 5b, which asked: “Have you ever been diagnosed, treated, tested or given medical advice by a physician or other health care provider for ... high blood pressure, stroke, or circulatory disorder?” In the section of the form asking for full details for