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MEYER v. BLUE CROSS AND BLUE SHIELD

No. C3-92-1990.

500 N.W.2d 150 (1993)

M. MEYER, as personal representative of the Estate of D. Meyer, Appellant, v. BLUE CROSS AND BLUE SHIELD OF MINNESOTA, Respondent, MedCenters Health Plan, et al., Defendants.

Court of Appeals of Minnesota.

Review Denied July 15, 1993.

Attorney(s) appearing for the Case

Dean L. McAdams, Maple Grove, for appellant.

Louise A. Dovre, Gregory M. Weyandt, Rider, Bennett, Egan & Arundel, Minneapolis, for respondent.

Considered and decided by HARTEN, P.J., and LANSING and SCHUMACHER, JJ.

OPINION

LANSING, Judge.

This is a coverage dispute on a health insurance policy retroactively rescinded one year after its issuance. The evidence establishes a fact question for the jury, and we reverse the directed verdict and remand for a new trial.

FACTS

Darwin Meyer, now deceased, applied for a health insurance policy from Blue Cross and Blue Shield of Minnesota on March 19, 1986. He did not include on his application a March 18 visit...

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