Amex Life Assurance Company v. Superior Court
Supreme Court of California
930 P.2d 1264 (1997)
Relevant factsFree
Morales, knowing he was HIV positive, applied for life insurance with Amex (plaintiff/defendant in the underlying coverage dispute) under his own name but had another man take his required medical exam; Amex issued the policy, which included a two-year incontestability clause, and after Morales died from AIDS-related causes more than two years later, with all premiums paid, Amex discovered the imposter exam and denied his beneficiary's claim.
IssueFree
Whether an insurer may assert the defense that an imposter took the required medical examination to deny coverage under a life-insurance policy after the contestability period in the policy's incontestability clause has expired.