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  5. 642 N.W.2d 263 (2002)
 

RUBES v. MEGA LIFE & HEALTH INS. CO., INC.

No. 01-0433.

642 N.W.2d 263 (2002)

Stephen A. RUBES, Appellee, v. MEGA LIFE AND HEALTH INSURANCE COMPANY, INC., Appellant.

Supreme Court of Iowa.

Rehearing Denied April 22, 2002.

Attorney(s) appearing for the Case

Jaki K. Samuelson and Jason M. Casini of Whitfield & Eddy, P.L.C., Des Moines, for appellant.

Joseph J. Hrvol of Joseph J. Hrvol, P.C., Council Bluffs, and Joseph B. Reedy, Council Bluffs, for appellee.

NEUMAN, Justice.

This declaratory judgment action concerns plaintiff Stephen Rubes' coverage for health and medical expenses under a policy of insurance issued by defendant MEGA Life and Health Insurance Company, Inc. (MEGA). Resolution of the controversy hinges on the application of competing equitable theories to a disputed factual record: Whether Rubes materially misrepresented his health history so as to justify rescission by MEGA and, if so, whether MEGA should...

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