Meier v. Pacific Life Insurance Co., No. 22-1607 (7th Cir. 2023)

Ron Meier applied for a life insurance policy from Pacific Life Insurance Policy. After applying for the policy, but prior to being issued the policy, Ron was diagnosed with terminal cancer. He did not disclose this to Pacific Life, given that he had already applied for the policy. His widow Lorrie, attempted to collect on the policy after he died. Pacific Life denied coverage, stating Ron’s failure to disclose the diagnosis amounted to a material misrepresentation, which allowed for the policy to be rescinded. The Northern District of Illinois agreed with Pacific Life, allowing the insurer to deny the policy; reasoning that the failure to disclose the cancer diagnosis amounted to a material misrepresentation, which allows the rescission of the policy under Illinois law.

Material Misrepresentation

The parties first disputed whether Ron’s failure to disclose his cancer diagnosis amounted to a material misrepresentation. Under Illinois law, an unambiguous insurance contract is interpreted according to its plain language. The Pacific Life application that Ron completed in July 2018 contains several unambiguous terms imposing equally unambiguous obligations. Ron knowingly and voluntarily agreed to inform Pacific Life in writing of any changes in his health. By not disclosing his cancer diagnosis before the policy was issued, Ron’s failure constituted a material misrepresentation.

The most pertinent, and unambiguous part of the policy, reads as follows:

“I must inform the Producer or [Pacific Life] in writing of any changes in the health of any Proposed Insured(s). If any of the statements or answers previously provided on the ticket/request (if applicable), applications, and medical forms change prior to delivery of the policy, I am obligated to notify [Pacific Life] of the changes in writing no later than at the time the application is signed by the Proposed Insured(s).”

If Material Misrepresentation Exists, Illinois Insurance Code Governs

The Illinois Insurance Code allows insurers to rescind a policy when an insured makes a misrepresentation that materially affects the insurer’s acceptance of risk. The statute imposes no intent requirement, and a misrepresentation, even if innocently made, can serve as the basis to void a policy. All an insurer must show is a material misrepresentation by the insured. In this case, Pacific Life was able to rescind the policy because Ron’s failure to disclose his cancer diagnosis was a material misrepresentation.

Summary

Meier appealed the Northern District of Illinois’ finding for Pacific Life. The Seventh Circuit Court of Appeals affirmed the ruling, agreeing with the district court’s determination that the failure to disclose the cancer diagnosis constituted a material misrepresentation. The court found that Pacific Life was within its rights to rescind the policy and return the premiums to Lorrie, pursuant to the Illinois Insurance Code.

Jake Leahy

Jake A. Leahy

Attorney

Jake A. Leahy is a tax attorney at Airdo Werwas who counsels nonprofits, local governments, and businesses in tax, regulatory, and commercial matters.

He is a former Assistant Illinois Attorney General in the Revenue Litigation Bureau, where he handled…

Jake A. Leahy

Attorney

Jake A. Leahy is a tax attorney at Airdo Werwas who counsels nonprofits, local governments, and businesses in tax, regulatory, and commercial matters.

He is a former Assistant Illinois Attorney General in the Revenue Litigation Bureau, where he handled estate tax litigation, collections audits, and matters involving various state agencies. He previously served as a Judicial Law Clerk in the Circuit Court of Cook County, Law Division, Tax & Miscellaneous Remedies Section, working on administrative review actions, commercial disputes, and tax-related litigation.

Jake previously served on the Board of Education for Bannockburn School District 106 from 2017 to 2023, including as Vice President from 2020 to 2023. His experience in local government informs his work with public-sector clients, boards, and nonprofit organizations.

Jake is active in professional and bar organizations. He serves as an Assembly Member of the Illinois State Bar Association, Chair of the Chicago Bar Association’s State & Local Tax Committee and Young Lawyers Section Federal Tax Committee, and a member of the Editorial Board of the DuPage County Bar Association. He was recognized by the Illinois State Bar Association with its Law Student Public Service Award during law school, and by the Internal Revenue Service for his work with the Low-Income Tax Clinic at Holy Name Cathedral.

Jake earned his LL.M. in Taxation from Georgetown University Law Center, his J.D. from the University of Illinois Chicago School of Law, and his B.A. from the University of Illinois at Urbana-Champaign. He is admitted to practice in Illinois, the U.S. Tax Court, and the U.S. District Court for the Northern District of Illinois.

Outside of practice, Jake has completed three marathons, is a regular at Wrigley Field, and appreciates Chicago architecture.

Education

    • Georgetown University Law Center, LL.M. in Taxation, 2025

    • University of Illinois Chicago School of Law, J.D., 2023

    • University of Illinois at Urbana-Champaign, B.A. Political Science: Public Policy & Democratic Institutions, 2019

Admitted to Practice

    • Northern District of Illinois, 2025

    • U.S. Tax Court, 2024

    • Illinois, 2023

Associations

    • Illinois State Bar Association

    • Chicago Bar Association

    • American Bar Association, Tax Section

    • DuPage County Bar Association

    • Celtic Law Association