Freedberg v. Ohio National Insurance Company

Plaintiff purchased whole life insurance policy, per court order in his divorce case to maintain insurance for his five children. Plaintiff then sued insurer and agent for recission and violations of Consumer Fraud Act, alleging that agent's misrepresentations induced him to purchase the policy. Court properly granted Defendants' motion for summary judgment, as Plaintiff's unreasonable delay in seeking rescission resulted in ratification of policy, and allegations of fraud were based on surmise and conjecture. Court properly denied motion to amend as barred by collateral estoppel, as court had already addressed issue of misrepresentation raised by claims sought to be added. (McBRIDE and HOWSE, concurring.)