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MOSS v. GOLDEN RULE LIFE INS. CO.

724 S.W.2d 367 (1986)

George A. MOSS, Plaintiff-Appellee, v. GOLDEN RULE LIFE INSURANCE COMPANY, Defendant-Appellant.

Court of Appeals of Tennessee, Eastern Section.

Permission to Appeal Denied February 2, 1987.

Attorney(s) appearing for the Case

Dan D. Rhea, Arnett, Draper & Hagood, Knoxville, and Guy E. McGaughey, Jr., McGaughey & McGaughey, Lawrenceville, Ill., for defendant-appellant.

Charles R. Terry and Beverly C. Sullivan, Morristown, and Jerry L. Phillips, University of Tennessee College of Law, Knoxville, for plaintiff-appellee.

Permission to Appeal Denied by Supreme Court February 2, 1987.

OPINION

FRANKS, Judge.

In this action to recover benefits under a group major medical policy, the insurance company defended on the grounds that a material misrepresentation was made as to the insured's weight in the application, which increased the risk but, assuming coverage, the insured was only entitled to recover the difference between the major medical benefits established in the...

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