Court holds that decedent did not intentionally misrepresent a prior medical condition in his application for life insurance benefits

John Casamassina left the communications company that he worked for in December of 1996 and became self-employed. To replace the life insurance provided by his company, his wife contacted United States Life Insurance Company (US Life) in May or June 1997 to obtain more information about a life insurance policy.

On August 5, 1997, Mr. Casamassina visited with Dr. Poet, an ear, nose, and throat specialist, because of sinus congestion and headaches. Along with these symptoms, Mr. Casamassina was experiencing nasal discharge, sore throat, dizziness, lightheadedness, nausea, headache, vomiting, and blurred vision. Mr. Casamassina was diagnosed with vertigo, given a nose spray, and told that he would be “ok.”

Six days later, on August 11, 1997, Mr. Casamassina saw Dr. Rattinger for his annual physical examination. This was Mr. Casamassina’s first visit with Dr. Rattinger, and discussed his congestion and headaches with the physician. Dr. Rattinger’s impression was that the headaches were caused by stress, and prescribed a muscle relaxant and recommended an MRI.

When Mr. Casamassina arrived for the prescribed MRI, he refused it because of claustrophobia. He then attempted to reschedule the MRI with Dr. Rattinger’s office, who told him it was unnecessary to do so since Mr. Casamassina’s symptoms had completely resolved. When Mr. Casamassina returned to Dr. Rattinger’s office on September 19, 1997, he told the doctor he felt fine, Dr. Rattinger reported no complaints on that day, and felt it was unnecessary to reschedule the MRI.

Later that same day, the Casamassinas met with a representative of US Life at their home for a basic medical examination as part of Mr. Casamassina’s application for a $500,000 life insurance policy with US Life. Mr. Casamassina responded to the questions posed by the health questionnaire as best as he could, reporting that he had previously been treated for headaches.

On November 6, 1997, US Life issued Mr. Casamassina’s policy. The following day, Mr. Casamassina met with Dr. Rattinger and mentioned that he was dizzy and nauseated in the morning. Dr. Rattinger recommended that if the symptoms continued, Mr. Casamassina should have a head MRI. Mr. Casamassina’s symptoms did continue, and a November 19, 1997, head MRI revealed a brain tumor. After an operation to remove the tumor on December 4, 1997, Mr. Casamassina passed away.

Mrs. Casamassina filed a claim under the policy issued by US Life, who then denied the claim. Mrs. Casamassina then filed suit.

The question in this suit was whether Mr. Casamassina had intentionally made misrepresentations that caused US Life to issue the policy under circumstances it ordinarily would not have. US Life claimed that Mr. Casamassina had intentionally omitted information about his headaches, nausea, vomiting, and changes in vision in answering the questionnaire during the basic medical examination at his home.

The court disagreed with this argument, believing that based on the available medical records and the language of the policy, Mr. Casamassina had not misrepresented anything based on his best knowledge and belief. Prior to the medical exam on November 7, 1997, Mr. Casamassina had no reason to believe that a more serious problem was the underlying cause of the symptoms that had resolved by the time he was completing the application for life insurance, and therefore he had not lied or failed to answer completely any of the questions asked by US Life during the basic medical examination.

The court ruled, therefore, that Mrs. Casamassina could present her evidence to the jury to decide whether it should have been reasonable for Mr. Casamassina to answer the questions asked during the basic medical examinations differently, such that US Life might have been forewarned of a more serious medical condition.

See Casamassina v. U.S. Life Ins. Co., 958 So. 2d 1093 (Fla. 4th DCA 2007).

Questions About Hiring Us

Do you work in my state?

Yes. We are a national disability insurance law firm that is available to represent you regardless of where you live in the United States. We have partner lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our disability lawyers represent disability claimants at all stages of a claim for disability insurance benefits. There is nothing that our lawyers have not seen in the disability insurance world.

What are your fees?

Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as possible.

The three available fee options are a contingency fee agreement (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate.

In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.

Do I have to come to your office to work with your law firm?

No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via telephone, e-mail, fax, sessions, or Skype. If you prefer an initial in-person meeting please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office.

How can I contact you?

When you call us during normal business hours you will immediately speak with a disability attorney. We can be reached at 800-682-8331 or by email. Lawyer and staff must return all client calls same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.

Dell & Schaefer Client Reviews   *****

Regina W. (North Carolina)

First and foremost, I believe in letting others know about truthful and relevant experiences.

I was represented by Mr. Jay Symonds, Attorney. My team consisted of Mr. Symonds and Ms. Sonia Nogueira, Paralegal. I can say that these two are hands down a team to reckon with and I am eternally blessed they were assigned to my case. They both understand Client Customer Service, are compassionate, and being responsive to the client’s needs. Mr. Jay Symonds was well versed in matters as he has worked on both sides, defending and representing, when dealing with disability matters. Lastly and very important, Mr. Jay Symonds absolutely pays attention to details on your case.

I have had dealt with several Attorneys in my various matters and I believe and thru their ACTIONS of DOING, Mr. Symonds and Ms. Nogueira are the epitomai of what an Attorney and Paralegal team should represent. I never had to inquire about the status of my case, they always were on top of matters. They were both forthcoming, relevant, honest, and realistic in the facts, and what could be ultimately be achieved in my case.

What is most important, and unless you have experienced the bad and ugly in legal matters, you will not appreciate this firms work and work ethics. No one should have ever had to deal with matters like I have PRIOR to myself retaining this firm, however, life is not perfect.

All my dealings were via mail, phone calls, and emails and this made it very easy to communicate. This team was very well organized and proactive! This is absolutely KEY in handling ANY case!

It is about what can realistically be accomplished and achieved and resolution and not promises or false hopes in what could come of your case. I will say that what you as a client puts into your case is also very critical and relevant. Always be forthcoming, honest, and keep your Attorney team updated. It is a TEAM effort by all parties involved and my personal experience with this Mr. Jay Symonds and this firm was pleasant and successful.

Thank You both for all your efforts and determination to see my case to a successful resolution.

***** 5 stars based on 202 reviews

Speak With An Attorney Now

Request a free legal consultation: Call 800-682-8331 or Email Us