The action is brought by the beneficiary of a life insurance policy against the insurer to recover the proceeds of the policy and punitive damages because of the refusal to pay. The insurer defends, and counterclaims for rescission of the policy, on the ground that it would not have issued the policy had it known of the insured's longtime drug use, and that the insured misrepresented the state of his health in failing to disclose such drug use in his application for insurance...
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