After years of hard work for Ms. Jacky Larson, our firm won a huge victory in the Minnesota Supreme Court on behalf of anyone with life insurance in Minnesota!
Minnesota Stat 61A.11 says that: "In any claim upon a policy issued in this state without previous medical examination, or without the knowledge or consent of the insured, or, in case of a minor, without the consent of a parent, guardian, or other person having legal custody, the statements made in the application as to the age, physical condition, and family history of the insured shall be valid and binding upon the company, unless willfully false or intentionally misleading."
Larson v. Northwestern Mutual was about what the language "willfully false or intentionally misleading" means. Does it mean simply that the information given on a life insurance application was incorrect, and the applicant should have known the correct information? Or does the insurance company need to prove the insured subjectively intended to lie? We argued that the insurance company needs to show more than that the information given in the application was wrong - and the Supreme Court agreed:
"To rescind a life insurance policy under Minn. Stat. 61A.11 for 'willfully false or intentionally misleading' answers in an insurance application, an insurer must prove that the insured intended to deceive the insurer."
We are thrilled at the result, if you'd like to view the entire opinion click here.
Welcome to the exciting world of ERISA! This blog is written by attorneys Kate MacKinnon and Sarah Demers at the Law Office of Katherine L. MacKinnon. Here, we'll talk about ERISA: updates on employee benefit law, information we hope people who have been denied benefits will find helpful, and any news or tidbits we think should be shared with the world.
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Showing posts with label Minnesota Supreme Court. Show all posts
Showing posts with label Minnesota Supreme Court. Show all posts
Thursday, November 6, 2014
Wednesday, February 12, 2014
Our firm's case was accepted for review by the MN Supreme Court!
A life insurance case our firm has been working on for years now was accepted for review by the MN Supreme Court!
Read more here:
http://www.minnesota-litigator.com/2014/02/04/minnesota-litigator-profile-katherine-mackinnon/
Read more here:
http://www.minnesota-litigator.com/2014/02/04/minnesota-litigator-profile-katherine-mackinnon/
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