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LIFE INS. CO. OF NORTH AMERICA v. CAPPS

No. 80-5086.

660 F.2d 392 (1981)

LIFE INSURANCE COMPANY OF NORTH AMERICA, a corporation, Plaintiff-Counterdefendant-Appellee, v. William F. CAPPS and Renee Blutman, Defendants-Counterclaimants, Appellants.

United States Court of Appeals, Ninth Circuit.

Decided October 26, 1981.

Attorney(s) appearing for the Case

Perry L. Hirsch, Hirsch & Ostrow, Los Angeles, Cal., for defendants-counterclaimants-appellants.

Irwin Waldman, Hagenbaugh & Murphy, Los Angeles, Cal., for plaintiff-counterdefendant-appellee.

Before WRIGHT and FLETCHER, Circuit Judges, and EAST, Senior District Judge.

EUGENE A. WRIGHT, Circuit Judge:

Life Insurance Company of North America (LICNA) issued a life insurance policy in February 1976 to Marilyn Capps who died the following August of a preexisting heart condition.

Appellants, beneficiaries under the policy, submitted a claim for insurance benefits. LICNA responded by rescinding the policy and refunding the premiums paid, asserting that Mrs. Capps had misrepresented and concealed material facts in her application...

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