ROMANO v. NEW ENGLAND MUT. LIFE INS. CO.

No. 17311.

362 S.E.2d 334 (1987)

Paul A. ROMANO, as Executor of the Estate of Melvin J. Romano v. NEW ENGLAND MUTUAL LIFE INSURANCE CO., a Corporation, and Paul G. Young, Trustee for the Association of Community Retailers, Inc.

Supreme Court of Appeals of West Virginia.

October 23, 1987.


Attorney(s) appearing for the Case

David Romano and James Riley, Clarksburg, for plaintiff.

James E. McNeer, Catherine D. Munster, J. Michael McDonald, Clarksburg, Paul G. Young, Herbert Underwood, Clarksburg, for New England Mut. Life Ins. Co.


MILLER, Justice:

In this appeal from a summary judgment, we consider whether the trial court erred in holding as a matter of law that a condition contained in the master policy of a group insurance plan was binding upon an insured. The master policy was not made available to the insured prior to his death, and the condition in question was inconsistent with promotional materials prepared by the insurer and relied upon by the insured.

I.

Creasey Company...

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