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WEST COAST LIFE INS. CO. v. HOAR

No. 07-1080.

558 F.3d 1151 (2009)

WEST COAST LIFE INSURANCE COMPANY, a Nebraska corporation, Plaintiff-Appellee, v. Martha HOAR, as the personal representative of the other Estate of Stephen M. Butts; Telluride Properties, LLC., a Colorado Limited Liability Company; Telluride Properties, Inc., a Colorado corporation; Albert D. Roer, an individual; Polly Lychee, an individual, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

March 6, 2009.

Attorney(s) appearing for the Case

Blain D. Myhre (Stuart Pack with him on the briefs), Isaacson Rosenbaum P.C., Denver, CO, for Defendants-Appellants.

Stephen G. Masciocchi (Lee F. Johnston with him on the briefs), Holland & Hart LLP, Denver, CO, for Plaintiff-Appellee.

Before BRISCOE, EBEL, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

West Coast Life Insurance Company ("WCLI") brought suit in federal district court seeking rescission of an insurance policy based upon an alleged misrepresentation by Stephen Butts. Butts, who participated in heli-skiing on numerous occasions, stated in his insurance application that he did not engage in any hazardous activities. Butts's estate and intended beneficiaries asserted counterclaims against WCLI alleging...

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