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Insurance — Universal Life – Cancellation – Breach of Implied Contract Claim

McKown v. Symetra Life Insurance Co. (Lawyers Weekly No. 002-239-14, 8 pp.) (R. Bryan Harwell, J.) 4:13-cv-00982; D.S.C.

Holding: After plaintiff’s father’s life insurance policy lapsed due to an insufficient premium payment, plaintiff sent in the outstanding premium amount but not the additional documentation that defendant had requested. There is a jury question as to whether an implied contract for life insurance was created when defendant retained the premium for three weeks without any indication of any deficiencies or problems with the policy’s reinstatement. Moreover, if plaintiff’s version of events is to be believed, defendant only attempted to refund the premium after it received notice of the insured’s death. Although defendant vehemently disputes this version of events, this is a classic example of a genuine issue of material fact.

Defendant’s motion for summary judgment is denied as to plaintiff’s claim of breach of an implied contract. The motion is granted as to plaintiff’s remaining claims, which have been abandoned.

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