MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY
v.
ASPIRO
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Massachusetts Mutual Life Insurance Company sought default judgment against Jose A. Mora Aspiro in a dispute over a renewable convertible term life insurance policy. The court granted the motion for default judgment, finding the policy void ab initio due to the defendant's material misrepresentations and omissions regarding his medical history on the insurance application.
The court granted default judgment for Plaintiff, holding that the insurance policy is void ab initio because Defendant's material misrepresentations and omissions regarding his cardiac medical history rendered the policy null and void from its inception.
[1] A default judgment may be entered against a defendant who fails to respond to a complaint.
[2] A party's failure to disclose material medical history on an insurance application renders the policy void ab initio.
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Join FLexlaw to unlock all legal intelligenceDefendant Aspiro applied for a Renewable Convertible Term Life Insurance Policy (#400037884) issued on April 12, 2021. In his application, Aspiro fail…
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THIS CAUSE comes before the Court for consideration of Plaintiff's Motion for Default Judgment Against Defendant Jose A. Mora Aspiro. (Dkt. 11) The Clerk previously entered a Rule 55(a) default against Defendant Aspiro. (Dkt. 10) Upon consideration of all relevant filings, case law, and being otherwise fully advised, the Court GRANTS Plaintiff's Motion.
The Court finds that the Renewable Convertible Term Life Insurance Policy 400037884, issued on April 12, 2021, is void ab initio because Defendant provided false information at the inception of the policy. Wharran v. United of Omaha Life Ins. Co., 645 F. Supp. 3d 1299, 1307–08 (M.D. Fla. 2022) (holding that a policy was void ab initio because the insured's material misrepresentations on his application render the policy null and void from the date of inception). Upon the entry of default, (Dkt. 10), Defendant was deemed to have admitted all the well-pleaded allegations of fact
in the Complaint. Lincoln Nat'l Life Ins. Co. v. Variola, No. 13–cv–01310, 2013 WL 12157847, at *1 (M.D. Fla. Aug. 13, 2013). Plaintiff alleges that Defendant failed to disclose his medical history in his application for insurance, including that he received treatment for certain cardiac conditions such as chest pain and an abnormal heartbeat. (Dkt. 11 at 6) Plaintiff alleges Defendant's omissions were material to Plaintiff's evaluation of Defendant's eligibility for insurance, and that Plaintiff relied upon Defendant's omissions to its detriment when it issued Defendant's insurance policy. (Id. at 6-7) Plaintiff further alleges that it would not have issued the policy if Defendant had disclosed his true medical history. (Id. at 7) Defendant offers no defense to these allegations. Therefore, the policy is void ab initio.
Upon consideration of the foregoing, it is hereby ORDERED: 1. Plaintiff's Motion for Entry of Default Judgment Against Defendant Jose A. Mora Aspiro, (Dkt. 11), is GRANTED. 2. The Clerk is DIRECTED to enter judgment in favor of the Plaintiff and against the Defendant. 3. Plaintiff shall have forty-five (45) days from the date of this Order to file an application for fees and costs, if applicable. DONE and ORDERED in Tampa, Florida, this 25th day of January 2024.
MARY S SCRIVEN
UNITED STATES DISTRICT JUDGE
Copies furnished to: Counsel of Record Any Unrepresented Person 3
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Mass. Mut. Life Ins. Co. v. Aspiro, 645 F. Supp. 3d 1299 (M.D. Fla. 2024)…The Court finds that the Renewable Convertible Term Life Insurance Policy #400037884, issued on April 12, 2021, is void ab initio because Defendant provided false information at the inception of the policy. Wharran v. United of Omaha Life Ins. Co., 645 F. Supp. 3d 1299, 1307–08 (M.D. Fla. 2022) (holding that a policy was void ab initio because the insured's material misrepresentations on his application render the policy null and void from the date of inception). Upon the entry of default, (Dkt. 10), Defendant was…
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The Nw. Mut. Life Ins. Co. v. Cross (M.D. Fla. 2025)…he time of the waiver of a right, privilege, advantage, or benefit which may be waived; (2) the actual or constructive knowledge of the right; and (3) the intention to relinquish the right.’” Wharran v. United of Omaha Life Ins. Co., 645 F. Supp. 3d 1299, 1305 (M.D. Fla. 2022) (quoting Leonardo v. State Farm Fire & Cas. Co., 675 So. 2d 176, 178 (Fla. 4th DCA 1996)). As previously noted, the insurer can “unilaterally rescind” the Policy based on a misrepresentation. Fabric, 115 F.3d a…
Authorities Cited
- Mass. Mut. Life Ins. Co. v. Aspiro, 645 F. Supp. 3d 1299 (M.D. Fla. 2024)