EQUITABLE LIFE ASSUR. SOC. v. ANDERSON

1 CA-CIV 8361.

151 Ariz. 355 (1986)

727 P.2d 1066

The EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, Plaintiff-Appellee, v. Paul A. ANDERSON, Defendant-Appellant.

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

Reconsideration Denied July 28, 1986.

Review Denied November 12, 1986.


Attorney(s) appearing for the Case

Evans, Kitchel & Jenckes, P.C. by Leon D. Bess, Phyllis S. Kilbreath, Phoenix, for plaintiff-appellee.

Manross & LaGanke, P.C. by Marvin W. Manross, Phoenix, for defendant-appellant.


FROEB, Chief Judge.

In an action for declaratory relief, Equitable Life Assurance Society of the United States (Equitable) sought rescission, pursuant to A.R.S. § 20-1109, of its major medical policy issued to Paul Anderson. Equitable claimed that Anderson's statement that he was not an habitual user of drugs constituted legal fraud. Following a trial to the court, declaratory judgment was granted in favor of Equitable.

On appeal, Anderson argues that...

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