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PENN MUT. LIFE INS. CO. v. OGLESBY

No. 466, 1996.

695 A.2d 1146 (1997)

The PENN MUTUAL LIFE INSURANCE COMPANY, Defendant Below, Appellant, v. John T. OGLESBY, II, M.D., Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: July 9, 1997.

Attorney(s) appearing for the Case

William W. Erhart, Wilmington; Douglas F. Johnson (argued), of counsel, Westmont, New Jersey, for Appellant.

Anne L. Naczi (argued), and Joel R. Brown of Tybout, Redfern & Pell, Wilmington, for Appellee.

Elizabeth B. Sandza, Wilmington, Rita M. Theisen, of LeBoeuf, Lamb, Greene & MacRae, Washington, D.C., and Phillip E. Stano, American Council of Life Insurance, of counsel, Amicus Curiae for American Council of Life Insurance.

Christopher Curtin, James J. Woods, Jr., of Erisman & Curtin, Wilmington, Amicus Curiae for Delaware Trial Lawyers Association.

Before VEASEY, C.J., HOLLAND and BERGER, JJ.

VEASEY, Chief Justice:

In this certified question proceeding, we answer the substance of questions of Delaware law on insurance coverage posed to us by the certifying court. We hold that an insurer that does not take advantage of a fraudulent misstatement exclusion in a disability insurance contract, where such exclusion is permissible under applicable Delaware statutes, may not avoid coverage on that ground. In addition, we hold that, where the insurance policy contains...

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