Summary Judgment Secured for Life Insurance Agent
We obtained summary judgment on behalf of our client, a life insurance agent, who sold a disability policy to the plaintiff. The plaintiff claimed that the policy was misrepresented to him, and that he was led to believe that if he was ever disabled, he could collect full benefits on the sold policy, as well as another supplemental disability policy he owned through another insurance carrier. When the plaintiff became disabled (nearly two decades after purchasing the initial policy), he discovered that the policies would offset each other to avoid over-recovery. He then filed a lawsuit against the insurance agent, as well as the insurance company, and the referral insurance agent was joined as a third-party defendant in the case. The plaintiff’s demand was in excess of policy limits, and the defense successfully argued a lack of causation and damages to substantiate his claims that an offset would not apply in this case.
