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Case Law Update: Life Insurance in the Context of Wrongful Death

Bovan v. American Family, No. 1-07-1419 (8/15/08) found that the trial court did not err when it granted summary judgment in favor of defendant, insurance agent, dismissing the plaintiff’s wrongful death complaint alleging that defendant negligently caused the death of the plaintiff’s decedent when he accepted application for life insurance by an imposter seeking to insure plaintiff’s decedent’s life so that the imposter could conspire with others to murder plaintiff’s decedent and collect proceeds of life insurance policy. The insurance agent, as agent for insurer, owed no duty to plaintiff’s decedent, with whom he had no prior relationship. The wrongful death suit was affirmed by the higher court.