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BERGER v. MINNESOTA MUT. LIFE INS. CO.

No. 19312.

723 P.2d 388 (1986)

Anna Marie BERGER, personally, and Anna Marie Berger, as Personal Representative of the Estate of David V. Berger, Deceased, and Anna Marie Berger, as Guardian Ad Litem of Valerie Berger, Jennifer Berger, and David Berger, Plaintiffs and Appellants, v. The MINNESOTA MUTUAL LIFE INSURANCE COMPANY OF ST. PAUL, MINNESOTA; Utah Mortgage Loan Corporation of Logan, Utah; and Tracy J. Lee, personally, Defendants and Respondents.

Supreme Court of Utah.

July 22, 1986.

Attorney(s) appearing for the Case

Mark S. Miner, Salt Lake City, for plaintiffs and appellants.

John Snow, Michael Emery, Salt Lake City, for defendants and respondents.

PER CURIAM:

Plaintiff Anna Marie Berger appeals from the judgment entered on a jury verdict that denied her recovery of the proceeds of her husband's credit life insurance policy issued by defendant Minnesota Mutual Life Insurance Co. ("Minnesota Mutual"). Minnesota Mutual declined coverage under the policy, claiming that plaintiff's deceased husband materially misrepresented his medical condition when he submitted his insurance application form.

In a 1974...

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