No. S115495.

30 Cal.Rptr.3d 507 (2005)

36 Cal.4th 281

114 P.3d 753

Patrick O'RIORDAN, Plaintiff and Appellant, v. FEDERAL KEMPER LIFE ASSURANCE, Defendant and Appellant.

Supreme Court of California.

July 7, 2005.

Attorney(s) appearing for the Case

Wohl Sammis Christian & Perkins, Wohl Sammis & Perkins, Alvin R. Wohl, Robin K. Perkins and Christopher F. Wohl, Sacramento, for Plaintiff and Appellant.

Sarrail, Lynch & Hall, Vogl & Meredith, Linda J. Lynch and David A. Firestone, San Francisco, for Defendant and Appellant.


After his wife's death from breast cancer, plaintiff, as beneficiary of his wife's life insurance policy, sought to collect the policy proceeds. Defendant insurance company, however, rescinded the policy and denied plaintiff's claim. It asserted that the wife had concealed from the insurer her smoking of cigarettes in the 36-month period preceding her application, and that had she been truthful it would...

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