Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

USAA Life Insurance Co. v. Magana

United States District Court, M.D. Florida, Ocala Division

April 4, 2017

USAA LIFE INSURANCE COMPANY, Plaintiff,
v.
KELENE L. MAGANA, Defendant.

          ORDER

          JAMES S. MOODY. JR. UNITED STATES DISTRICT JUDGE

         THIS CAUSE comes before the Court upon a Motion for Final Default Judgment with Supporting Memorandum (the “Motion”) filed by Plaintiff USAA Life Insurance Company (“USAA Life”) on April 3, 2017. The Court has reviewed the Motion and the exhibits attached thereto, including but not limited to the Affidavit of Tammy Koenig (“Koenig Affidavit”), as well as the Complaint and the entire Court file, and is otherwise fully advised in the premises.

         I. Procedural Background

         On January 18, 2017, USAA Life filed its Complaint (DE 1) seeking rescission of a policy of life insurance. On January 21, 2017, a copy of said Complaint and a summons were served on Magana, who did not timely plead or otherwise defend the action as required by law. On February 16, 2017, the Clerk of the Court upon motion by USAA Life properly entered a default against Magana due to her failure to timely move or plead in response to USAA Life's properly served Complaint (DE 6).

         II. USAA Life's Allegations and Evidence.

         In the Complaint, USAA Life alleges among other things that:

(a) USAA Life was and is an insurance company incorporated under the laws of the State of Texas, with its principal place of business and Home Office in that state. (DE 1, pg. 2, ¶ 3.)
(b) Magana is an adult citizen of the State of Florida who resides in Marion County, Florida, and is the wife of Todd P. Kane (“Kane”). (Id., ¶ 4.)
(c) On or about November 14, 2014, Kane completed the Health and Lifestyle Questionnaire (“HLQ”) in connection with the Term Life Insurance Application (“Application”) submitted to USAA Life by Kane on or about December 30, 2014. (Id., ¶ 5.)
(d) In reliance on the truth and accuracy of the answers provided by Kane in the HLQ, the Application and related materials, USAA Life approved Kane for coverage and issued to Kane, as insured and owner, a 15 Year Level Term Life insurance policy providing a death benefit in the amount of $250, 000 effective January 19, 2015, No. J520603566 (the “Policy”). On or about February 26, 2015 ownership of the Policy was transferred to Magana at the request of the Kane. (Id., ¶ 6.) (A duplicate copy of the Policy including the Application is attached to the Complaint as Exhibit A.)
(e) The HLQ at Question 5(a) asked “Has any insured ever consulted with a health care provider for: seizures, paralysis, stroke, depression, anxiety or other mental or nervous system disorder? Kane answered Question 5(a) “No.” (Id., pg. 3, ¶ 10.)
(f) The HLQ at Question 5(b) asked “Has any insured ever consulted with a health care provider for: asthma, emphysema, pneumonia or other respiratory system disorder? Kane answered Question 5(b) “No.” (Id., ¶ 11.)
(g) The HLQ at Question 5(c) asked “Has any insured ever consulted with a health care provider for: chest pain, high blood pressure, murmur, heart attack or other heart or blood vessel disorder?” Kane answered Question 5(c) “Yes, ” disclosing only “high cholesterol” and “high blood pressure.” (Id., ¶ 12.) Kane also answered “No” in response to the follow-up question “Has a Cardiac Catherization or an Angiogram been performed for this condition?” (Id.)
(h) The HLQ at Question 6 asked “Is any insured currently taking prescription medication not previously disclosed? Kane answered Question 6 “Yes, ” disclosing only “Zocor, ” ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.