Cinderella Ferrell Osborne v. Mountain Life Insurance Company

Case Number
E2002-01023-SC-R11-CV

We granted review to determine whether the defendant credit life insurance company was estopped from relying on policy language which excluded coverage if an insured received medical treatment for and died from a disease within six months of the date of coverage. The trial court granted summary judgment to the credit life insurance company based on the policy exclusion. The Court of Appeals reversed, holding that the defendant was estopped from relying on the policy exclusion and ordering payment of the policy benefits to the plaintiff, widow of the insured. After reviewing the record and applicable authority, we conclude that the trial court correctly granted summary judgment for the defendant and that the Court of Appeals erred in holding that the defendant was estopped from relying on the policy exclusion. We therefore reverse the judgment of the Court of Appeals and reinstate the judgment of the trial court.

Authoring Judge
Justice E. Riley Anderson
Originating Judge
Judge John K. Wilson
Case Name
Cinderella Ferrell Osborne v. Mountain Life Insurance Company
Date Filed
Dissent or Concur
This is a dissenting opinion
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