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This section contains the nature of the case and procedural background.

P entered into an agreement with D to represent his affairs with respect to his future career in the NBA. P was picked by the Boston Celtics on June 17, and two days later he was dead from cocaine intoxication. The estate sued D alleging that prior to P’s death, P and his parents directed D to obtain a one-million-dollar insurance policy on P’s life. D represented that this had been done and that with reliance on those assurances, the parents did not go out and get insurance. D did not get the insurance. P sued D, and the court awarded D summary judgment. The court determined that even if Ds had tried to get a policy on P’s life, they would not have been able to do so. This was based on the fact that P was a cocaine user and no insurance company in 1986 would have issued a one-million-dollar policy to a cocaine user unless that user misrepresented his use of drugs in which case, the policy would have been void. P appealed; there was a genuine issue of whether P was insurable.

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