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RUSSELL v. ROYAL MACCABEES LIFE INS. CO.

No. 1 CA-CV 97-0157.

974 P.2d 443 (1998)

193 Ariz. 464

Stephen T. RUSSELL, a single person, Plaintiff-Appellant, v. ROYAL MACCABEES LIFE INSURANCE COMPANY, a Michigan corporation; Doug Dombey, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department B.

Review Denied March 31, 1999.

Attorney(s) appearing for the Case

Frederick C. Berry, Jr., P.C. by Frederick C. Berry, Jr., Phoenix, and Hofmann, Salcito & Stevens by Leroy W. Hofmann, Phoenix, for Plaintiff-Appellant.

Brad K. Keogh, Phoenix, for Defendants-Appellees.

OPINION

PATTERSON, Judge.

¶ 1 Stephen T. Russell (appellant) appeals from summary judgment permitting Royal Maccabees Life Insurance Company (Royal) to rescind appellant's disability insurance policy because of an alleged misrepresentation in the policy application. Finding a genuine issue of material fact, we reverse and remand.

I. FACTS AND PROCEDURAL HISTORY

¶ 2 We state the facts in a light most favorable...

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