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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND DENISE CARTER v. ZURICH LIFE INSURANCE COMPANY OF AMERICA * * * Civil No. JFM-04-2261 * * * ***** MEMORANDUM This is an action for recovery of life insurance benefits. Defendant has refused to pay the benefits on the ground that the deceased, Horace Gwaltney (who was plaintiff's husband) made material misrepresentations in the insurance application. Specifically, defendant contends that Gwaltney failed to disclose his convictions on charges for felony theft in 1994 and felony drug possession in 1996.1 Discovery has been completed, and defendant has filed a motion for summary judgment. The motion will be granted. The record establishes that on May 4, 1994, Gwaltney was convicted on a felony theft charge in the Circuit Court for Baltimore City. Plaintiff contends that this conviction was invalid because at the time Gwaltney was only sixteen years of age. However, under Maryland law a Juvenile Court may waive exclusive jurisdiction "with respect to a petition alleging delinquency by . . . a child who is 15 years old or older . . . ." Md. Code Ann., Cts. & Jud. Proc. Art.,

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Maryland Law