National Fidelity Life Insurance Co. v. Karaganis

CUDAHY, Circuit Judge. National Fidelity Life Insurance Company ("National Fidelity") brought this action to rescind a life insurance policy it had issued to William Karaganis (the "applicant"). National Fidelity alleged that the applicant fraudulently misrepresented that he was a nonsmoker and that it would not have issued the policy to him had it known that he was a smoker. The defendant, Joan Karaganis ("Karaganis"), is the applicants widow and the beneficiary of the policy. She presented a motion for judgment on the pleadings which the district court granted. We affirm.