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WILLIAM PENN LIFE INS. CO. OF NEW YORK v. SANDS

No. 89-6017.

912 F.2d 1359 (1990)

WILLIAM PENN LIFE INSURANCE COMPANY OF NEW YORK, Plaintiff-Appellee, v. James SANDS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 25, 1990.

Attorney(s) appearing for the Case

Susan S. Lerner, Preddy, Kutner, Hardy, Rubinoff, Brown, & Thompson, Miami, Fla., for defendant-appellant.

Anne M. McCormick, Brenton Ver Ploeg, Karen H. Curtis, Shutts & Bowen, for plaintiff-appellee.

Before KRAVITCH and COX, Circuit Judges, and DYER, Senior Circuit Judge.

KRAVITCH, Circuit Judge:

In completing a life insurance application, appellant Anthony Pellegrino1 truthfully and accurately denied, "to the best of [his] knowledge and belief," having cancer or a blood disorder. The district court granted the plaintiff insurance company's motion to rescind the policy because, unbeknownst to Pellegrino, he did in fact suffer from both medical conditions. We vacate the district court's grant of summary...

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