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Swihart v. Universal Underwriters Life Insurance Co.6/13/2003
Judy Swihart appeals an order granting summary judgment on her action regarding an insurance policy issued to Norman Mortensen. AFFIRMED.
Judy Swihart appeals an order granting summary judgment on her action regarding an insurance policy issued to Norman Mortensen. We affirm.
I. Background Facts and Proceedings.
On December 29, 1997, Norman Mortensen purchased a credit life insurance policy from Universal Underwriters Insurance Company (Universal) in connection with his lease of a 1998 Ford F-150 pickup from Dewey Ford. Sheila Murphy(nowStrand),Dewey Ford's finance manager, was the agent with whom Mortensen worked in the credit application process. The application for insurance stated,in pertinent part:
Your signature be low means that you agree, to the best of your knowledge that:
2. You are note ligible for this insurance if you have within the last 12 months before the effective date received medical advice or treatment for Cancer or any condition of the Heart, Arteries, Brain, Liver, Kidneys, of Lungs, or for Stroke, Uncontrolled Hypertension, Immune System Disorders, Alcoholism, Drug Dependency or Insulin Dependent Diabetes. This applies to Life Insurance or Disability Insurance.
Murphy discussed this provision with both Mortensen and Judy Swihart, who was also present during the application process. Murphy circled the words "12 months" in the clause when discussing it with them in order to emphasize the point. Mortens ensigned the application. Also, when asked whether he had been hospitalized or under a doctor's care with in the past twelve months, Mortensen only mentioned his treatment for a broken pelvis in March of 1996. Mortensen was subsequently issued a credit life insurance policy, with Ford Motor Credit named as the credit or beneficiary and Judy Swihart as the second beneficiary.
On December 1, 1998, Mortensen died from an acute GI hemorrhage, hypoprothrombinemia, end stage hepatic failure, and Laenned's cirrhosis (alcohol-induced). Other significant conditions contributing to the death were dilated is chemic cardiomyopathy and severe mitral stenosis/regurgitation.
Judy Swihart, as executor of Mortensen' sestate, notified Universal of his death, and Universal began an investigation in to the death claim. A review of Mortensen's medical documents revealed he, infact, had received substantial medical care in the twelve months prior to the effective date of his insurance policy. From November 25, 1997, to December 4, 1997, Mortensen had been hospitalized for congestive heart failure and pulmonary edema. Also, he had visited two primary care physicians for conditions of the heart, arteries, lungs, kidneys, and alcoholism. Based on its investigation, Universal determined Mortensen was not eligible for coverage and denied Swihart's claim, deeming the contract void. Universal rescinded the coverage and returned the life premium of $73.17 to Ford Motor Credit Company.
On March 13, 2000, Swihart filed a petition naming Universal as defendant and seeking to declare the insurance contract valid. She later filed an amended petition adding Dewey Ford and Sheila Murphy as defendants. The district court subsequently granted the defendants' motion for summary judgment and dismissed Swihart's action in its entirety. Swihart appeals.
II. Scope and Standard of Review.
We review a district court's ruling on summary judgment for the correction of errors at law. Kelly v. IowaMut. Ins. Co., 620N.W.2d 637, 641(Iowa 2001). Summary judgment is appropriate where the moving party shows there are no genuine issues of material fact and it is entitled to judgment as a matter of la
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