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MASSACHUSETTS MUT. LIFE INS. CO. v. THOMPSON

No. 22519.

460 S.E.2d 719 (1995)

194 W.Va. 473

MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, A Foreign Corporation, Plaintiff, v. Sherry Lee THOMPSON, Defendant.

Supreme Court of Appeals of West Virginia.

Decided July 13, 1995.

Attorney(s) appearing for the Case

Herbert G. Underwood, Cynthia R. Cokeley, Steptoe & Johnson, Charleston, for plaintiff.

Gregory E. Elliott, Charleston, for defendant.

WORKMAN, Justice:

This case is before the Court upon the following certified questions posed by the September 14, 1994, order of the United States District Court for the Southern District of West Virginia:

(a) Under a disability insurance policy, does West Virginia Code § 33-6-7(b) or (c), either one, require that an insurer prove the subjective element that an insured specifically intended to place misrepresentations...

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