No. 06-2818.

487 F.3d 660 (2007)

Kenny J. WERDEHAUSEN; Anita Werdehausen, Plaintiffs-Appellants, v. BENICORP INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 29, 2007.

Attorney(s) appearing for the Case

Branson L. Wood, III, argued, Hannibal, MO, for appellant.

Andrew W. Hull, argued, Indianapolis, IN, for appellee.

Before LOKEN, Chief Judge, JOHN R. GIBSON and MURPHY, Circuit Judges.

LOKEN, Chief Judge.

Kenny Werdehausen had neck surgery and submitted a benefits claim under his employer's group health plan reflected in an insurance policy issued by Benicorp Insurance Company. In reviewing the claim, Benicorp discovered that Werdehausen had failed to disclose the need for neck surgery in his policy enrollment application. Benicorp determined that this was a material misrepresentation because disclosure would have increased the employer's group...

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