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UNITED FIDELITY LIFE INS. CO. v. EMERT

Docket No. D021090.

49 Cal.App.4th 941 (1996)

UNITED FIDELITY LIFE INSURANCE COMPANY, Plaintiff and Appellant, v. GREGORY D. EMERT, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

September 26, 1996.

Attorney(s) appearing for the Case

COUNSEL

Adams, Duque & Hazeltine, James J. Moak and Berna Warner-Fredman for Plaintiff and Appellant.

Brobeck, Phleger & Harrison, Daniel G. Lamb, Jr., and Christopher H. McGrath for Defendant and Respondent.

OPINION

McINTYRE, J.

United Fidelity Life Insurance Company (United Fidelity) appeals an order granting summary judgment in favor of Gregory D. Emert on United Fidelity's complaint for declaratory relief. United Fidelity sought to rescind a life insurance policy with a disability rider it had issued in favor of Emert, on the ground Emert fraudulently concealed his medical condition...

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