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UNITED OF OMAHA LIFE INS. CO. v. REX ROTO CORP.

No. 96-1640.

126 F.3d 785 (1997)

UNITED OF OMAHA LIFE INSURANCE COMPANY, Plaintiff-Appellant, v. REX ROTO CORPORATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 19, 1997.

Attorney(s) appearing for the Case

James E. Brenner (argued and briefed), Clark, Hill P.L.C, Detroit, MI, for Appellant. Mark W. McInerney (briefed), Clark, Hill P.L.C, Detroit, MI, for Appellant.

I.W. Winsten (argued), Honigman, Miller, Schwartz & Cohn, Detroit, MI, for Appellee. Robert A. Fineman (briefed), Honigman, Miller, Schwartz & Cohn, Detroit, MI, for Appellee.

Rita M. Theisen (briefed), Leboeuf, Lamb, Greene & Macrae, Washington, DC, for Amicus Curiae.

Before: NELSON and BOGGS, Circuit Judges; WEBER, District Judge.

OPINION

DAVID A. NELSON, Circuit Judge.

This is a diversity case that presents the following question: Where a life insurance company has issued a policy for which it would have charged a substantially higher premium had it been aware of an intentionally misrepresented medical condition, would knowledge of the facts misrepresented "have led to a refusal by the insurer to make the contract," within the meaning of these words as used in Michigan's insurance...

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