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METROPOLITAN LIFE INS. CO. v. CONGER

No. 06-5009.

474 F.3d 258 (2007)

METROPOLITAN LIFE INSURANCE COMPANY, Plaintiff-Appellee, v. Russell D. CONGER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 16, 2007.

Attorney(s) appearing for the Case

ARGUED: Lee E. Sitlinger, Sitlinger, McGlincy, Theiler & Karem, Louisville, Kentucky, for Appellant. William D. Pandolph, Sulloway & Hollis, P.L.L.C., Concord, New Hampshire, for Appellee. ON BRIEF: Lee E. Sitlinger, Sitlinger, McGlincy, Theiler & Karem, Louisville, Kentucky, for Appellant. William D. Pandolph, Sulloway & Hollis, P.L.L.C., Concord, New Hampshire, Angela Logan Edwards, Lisa H. Thomas, Woodward, Hobson & Fulton, Louisville, Kentucky, for Appellee.

Before: MOORE, ROGERS, and GIBSON, Circuit Judges.

OPINION

KAREN NELSON MOORE, Circuit Judge.

In 2002, Plaintiff Russell D. Conger filled out an on-line application and purchased a long-term care insurance policy under the Federal Long-Term Care Insurance Program ("FLTCIP"). When he sought to collect benefits, Metropolitan Life Insurance Company ("MetLife") refused to pay, voided the policy, and then sued for rescission and declaratory relief. Because we conclude...

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