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PISTAS v. NEW ENGLAND MUT. LIFE INS. CO.

No. 87-2038, 87-2251.

843 F.2d 1038 (1988)

Joanne PISTAS, Plaintiff-Appellant, v. NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY, Defendant-Appellee, Cross-Appellant, v. Yale H. LAUTER, Third-Party Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 8, 1988.

Attorney(s) appearing for the Case

Eric F. Greenberg, Burditt, Bowles & Radzius, Ltd., Chicago, Ill., for plaintiff-appellant.

J. Robert Geiman and David J. Novotny, Peterson Ross Schloerb & Seidel, Chicago, Ill., for defendant-appellee, cross-appellant.

Barry L. Kroll, Williams & Montgomery, Ltd., Chicago, Ill., for third party defendant-appellee.

Before CUMMINGS, CUDAHY, and EASTERBROOK, Circuit Judges.

EASTERBROOK, Circuit Judge.

An insurance adjuster and onetime agent, three weeks after the removal of 90% of his stomach at the Mayo Clinic on account of cancer, applies for $200,000 of term life insurance. He signs an application denying that he has cancer. A physician signs a statement that he has examined the applicant and sees no signs of illness — despite the prominent unhealed incision from the operation. The...

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