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MEGA LIFE AND HEALTH INS. CO. v. PIENIOZEK

No. 07-10539.

516 F.3d 985 (2008)

MEGA LIFE AND HEALTH INSURANCE COMPANY, The, Plaintiff-Counter-Defendant-Appellant Cross-Appellee, v. Donald D. PIENIOZEK, individually and as administrator of the Estate of Kellie O. Pieniozek, Deceased, Defendant-Counter Claimant-Appellee Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 8, 2008.

Attorney(s) appearing for the Case

Robert B. McGinley, Jr., McDowell, Knight, Reodder & Sledge, LLC, James W. Lampkin, II, Alford, Clausen & Mc-Donald, LLC, Mobile, AL, for Mega. Life & Health Ins. Co.

Tony S. Hebson, Gulas Stuckey, P.C., Birmingham, AL, for Pieniozek.

Before BIRCH, CARNES and COX, Circuit Judges.

PER CURIAM:

I. Overview

The primary issue in this case is whether MEGA Life and Health Insurance Company ("MEGA") can rescind a life insurance policy issued by it on the ground that the insured overstated her income in the application for the policy. We conclude that there are genuine issues of material fact as to whether MEGA had a good faith underwriting policy which would have caused it to reject her application, or reduce the amount of coverage afforded...

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