STEPHEN T. RUSSELL, a single person, Plaintiff-Appellant, v. ROYAL MACCABEES LIFE INSURANCE COMPANY, a Michigan corporation; DOUG DOMBEY, Defendants-Appellees., 193 Ariz. 464

Summary

An individual challenged a grant of summary judgment in favor of insurer. The individual submitted an application for disability insurance and was issued a policy from the insurer. After denial of his claim, the individual filed an action to enforce coverage. The insurer asserted the defense of recission based upon misrepresentation in the insurance application. On appeal, the court reversed the grant of summary judgment. The court found that the individual answered "no" to a question whether he had been convicted of a felony after receiving a court order that vacated his judgment of guilt, dismissed the charges, and restored his civil rights; and being advised by his attorney that he could answer such a question in the negative. The court held that expungement of a conviction did not protect the individual from having to disclose his conviction upon direct inquiry of on an insurance application. Yet, the court remanded the case because there were genuine issues of material fact ...