In 2004, the American Institute of Certified Public Accountants (AICPA) and Prudential Insurance Company of America entered into a group insurance contract through which AICPA members could obtain life insurance on the lives of their dependents. Pursuant to this arrangement, an application was filed with Prudential in the spring of 2004 for life insurance on the life of Shari Dukoff, the wife of Neil Dukoff, a member of AICPA. The application requested that Shari Dukoff describe any negative medical history she had within the previous five years, including surgery or symptoms of cancer. The applicant affirmed that Shari Dukoff had none. Based on this application, Prudential issued a certificate of coverage on Shari Dukoff’s life for $500,000, naming Neil Dukoff as the beneficiary. The policy was dated and began on June 1, 2004, and the Dukoffs paid all premiums due.
On May 23, 2006, Shari Dukoff died from complications stemming from cancer. On June 8, 2006, Neil Dukoff submitted a claim form to Prudential, and on Sept. 20, 2006, Prudential sent him a letter approving the claim. On Sept. 26, 2006, before the claim was paid, Prudential informed Mr. Dukoff by letter that it was denying the claim based on what it asserted were material misrepresentations made in the application for the insurance.
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