LARSON v. NORTHWESTERN MUT. LIFE INS. CO.

No. A13-0186.

855 N.W.2d 293 (2014)

Jacky L. LARSON, Appellant, v. The NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, Respondent, CMInformation Specialists, Inc., Respondent.

Supreme Court of Minnesota.

October 22, 2014.


Attorney(s) appearing for the Case

Katherine L. MacKinnon , Sarah J. Demers , Law Office of Katherine L. MacKinnon P.L.L.C., Saint Louis Park, MN, for appellant.

Erik T. Salveson , Benjamin C. Johnson , Nilan Johnson Lewis, P.A., Minneapolis, MN, for respondent The Northwestern Mutual Life Insurance Company.

Mark R. Bradford , Bassford Remele, P.A., Minneapolis, MN, for respondent CMInformation Specialists, Inc.

Kelly W. Hoversten , Gray Plant Mooty , Minneapolis, MN, for amicus curiae American Council of Life Insurers.

Jenneane L. Jansen , Kris E. Palmer , Jansen & Palmer, LLC, Minneapolis, MN, for amicus curiae Minnesota Association for Justice.


OPINION

WRIGHT, Justice.

This dispute over the rescission of a life insurance policy presents two questions of statutory interpretation: (1) whether Minn.Stat. § 61A.11 (2012) requires subjective intent to deceive on the part of the insured in order to rescind a life insurance policy issued without a prior medical examination, and (2) whether Minn.Stat. § 144.298, subd. 2 (2012), creates a private right of action for the under-disclosure of medical...

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