MacKenzie v. Prudential Insurance Company of America
United States Court of Appeals for the Sixth Circuit
411 F.2d 781 (6th Cir. 1969)
Marcella MacKenzie (plaintiff) sought to collect life insurance proceeds as beneficiary under a policy her husband Jerome obtained from Prudential Insurance Company of America (Prudential) (defendant), which required Jerome to truthfully disclose any heart problems; although he had none at application, he developed high blood pressure after completing the application but before the policy was delivered, and never disclosed this change to his Prudential agent. Prudential asserted this omission was a material misrepresentation voiding the policy since it would have declined coverage or raised the premium had it known, and the district court granted Prudential summary judgment, which Marcella appealed.
Whether an applicant for insurance has a duty to disclose a change in health if this failure to disclose would amount to a material misrepresentation.