Tabatabai v. West Coast Life Ins. Co.

Dist. Ct. did not err in granting defendant-insurance company's motion for summary judgment in action alleging that defendant breached terms of conditional receipt agreement calling for defendant to provide $500,000 in life insurance upon plaintiff satisfying certain steps in application process, where defendant eventually denied said life insurance coverage upon discovery that plaintiff had brain tumor. Ct. rejected plaintiff's claim that doctrine of prevention applied where, according to plaintiff, defendant delayed notifying plaintiff of need for second urine sample, and where defendant discovered existence of plaintiff's brain tumor during said delay since: (1) plaintiff had other medical factors such as elevated cholesterol reading that would have disqualified plaintiff from said insurance coverage; and (2) record indicated that defendant had timely notified plaintiff of need for second urine sample prior to discovery of brain tumor.