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MASSACHUSETTS CAS. INS. CO. v. ROE

Nos. 95-2124, 95-2402.

93 F.3d 323 (1996)

MASSACHUSETTS CASUALTY INSURANCE COMPANY, Plaintiff-Appellee, v. Billie J. ROE, now known as Billie J. Chisman, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 14, 1996.

Rehearing Denied September 26, 1996.

Attorney(s) appearing for the Case

Jeffrey A. Doty (argued), Kightlinger & Gray, Indianapolis, IN, for Plaintiff-Appellee.

C. Richard Marshall (argued), Columbus, IN, Shari E. Kinnaird, Columbus, IN, for Defendant-Appellant in No. 95-2124.

C. Richard Marshall (argued), Columbus, IN, for Defendant-Appellant in No. 95-2402.

Before POSNER, Chief Judge, and DIANE P. WOOD and EVANS, Circuit Judges.

DIANE P. WOOD, Circuit Judge.

When Billie J. Roe decided to acquire some long-term disability insurance, she was not as careful as she now knows she should have been. This case is about the consequences of various omissions and misstatements she made during a six month period in connection with a long-term disability policy she applied for and briefly had with Massachusetts Casualty Insurance Company (MCIC). The district court thought Roe's actions required summary...

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