The action is brought by the beneficiary of a life insurance policy against the insurer for refusing to pay out on the policy. 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. In particular, the insurer contends that two...
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