Life insurance attorneys can tell you that the life insurance application is very important. This is illustrated in a 1997, United States 5th Circuit opinion. The case is styled, Riner v. Allstate Life Insurance Company.
Following his divorce in 1994, Mr. Marriott wanted to replace his life insurance policy, which named his ex-wife as beneficiary, with a new policy naming his daughters (Riner and Ms. Marriott) as beneficiaries. Mr. Marriott had endured five back surgeries and was in chronic pain at the time the Allstate agent took his application. In the application, Mr. Marriott disclosed that he had chronic back problems and certain other medical problems. The application, however, was marked “no” with respect to whether he had ever received treatment for the use of alcohol or depression within the last three years.
After completing the application, the agent accepted an initial premium check which was completed by the agent because Mr. Marriott was too affected by the pain killers to do so. The agent then issued a “Receipt and Temporary Insurance Agreement” which he left with Mr. Marriott. The agent did not leave a copy of Mr. Marriott’s application with Mr. Marriott. The Agreement provided that the temporary coverage would start when Mr. Marriott’s medical examination was completed. The medical examination was completed on July 26, 1994. Six days later, Mr. Marriott died of either an aneurysm or heart disease. Allstate refused to pay under the Agreement because Mr. Marriott failed to reveal his prior treatment for the use of alcohol and depression.