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USELDINGER v. OLD REPUBLIC LIFE INS. CO.

No. C7-85-774.

377 N.W.2d 32 (1985)

Karen USELDINGER, as personal representative of the Estate of William Conrad Useldinger, deceased, Appellant, v. OLD REPUBLIC LIFE INSURANCE COMPANY, Respondent.

Court of Appeals of Minnesota.

Review Denied January 17, 1986.

Attorney(s) appearing for the Case

Frank L. Racek, Fargo, N.D., for appellant.

Carol E. Harrang, Grand Forks, N.D., for respondent.

Heard, considered and decided by FOLEY, P.J., and FORSBERG and NIERENGARTEN, JJ.

OPINION

FOLEY, Judge.

This is an appeal from an April 4, 1985 judgment granting respondent insurance company's motion for summary judgment based on Minn.Stat. § 61A.11 (1984). This statute allows an insurer to rescind a non-medical examination life insurance policy when an insured wilfully misrepresented his physical condition on the application for insurance. The trial court found that negative responses on the application pertaining to high blood...

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