UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_______________________
No. 97-30265
Summary Calendar
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OLIVER JAMES, Individually and on Behalf of the Estate of Joe
James,
Plaintiff-Appellant,
versus
PRIMERICA LIFE INSURANCE COMPANY
Defendant-Appellee.
_________________________________________________________________
Appeal from the United States District Court
for the Middle District of Louisiana
Baton Rouge Division
(96-CV-138-B-M2)
_________________________________________________________________
December 11, 1997
Before JONES, SMITH and STEWART, Circuit Judges.
PER CURIAM:1
Plaintiff Oliver James, individually and on behalf of the
estate of his uncle, Joe James (“James”), brings this suit
against Primerica Life Insurance Company for breach of a life
insurance contract. James filled out an application for life
insurance and tendered the required premium in March 1995 and,
after the insurer rejected the application because Oliver James
1
Pursuant to Local Rule 47.5, the court has determined that this opinion
should not be published and is not precedent except under the limited
circumstances set forth in Local Rule 47.5.4.
lacked the required insurable interest to be listed as the owner,
again in June 1995. In both applications, James indicated that
he had not been diagnosed with cancer and had not been
hospitalized within the last ten years. In fact, James had been
diagnosed with and hospitalized for rectal cancer at least since
January 1995. He had been released from a week’s stay in the
hospital the day before he signed the second application. James
died of cancer on August 31, 1995. A policy had not yet been
issued because of delays in arranging for an inspection report
and paramedical examination of James. However, Oliver James
filed a claim under the application’s Conditional Premium Receipt
provision, which covered death prior to delivery of the policy.
Primerica denied coverage and returned the premiums because
James’s certified medical records revealed his diagnosis of
cancer, and one of the express terms of the interim coverage was
that all representations on the policy were true. Interim
coverage also required that the applicant qualify as a “standard
risk” under the policy applied for, and undisputed evidence
indicates that James was not an acceptable insurance risk.
The district court granted summary judgment in favor of
Primerica on the grounds that any coverage was void because James
intentionally misrepresented the status of his health on his
application for life insurance. Plaintiff alleges that the
2
district court erred in granting summary judgment because
material fact issues still exist as to James’s intent to deceive
the insurer. Having reviewed the briefs, record and relevant
authority, we find no reason to reverse the summary judgment
granted by the district court.
AFFIRMED.
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