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CHISM v. PROTECTIVE LIFE INS. CO.

No. 99,291.

234 P.3d 780 (2010)

Karen CHISM, Appellant, v. PROTECTIVE LIFE INSURANCE CO. and Quality Motors of Independence, Inc., Appellees.

Supreme Court of Kansas.

June 11, 2010.

Attorney(s) appearing for the Case

William J. Fitzpatrick, of Independence, argued the cause and was on the brief for appellant Karen Chism.

James P. Rankin, of Foulston Siefkin LLP, of Topeka, argued the cause, and Stephen M. Kerwick, of the same firm, was with him on the briefs for appellee Protective Life Insurance Company.

W. James Foland, of Foland, Wickens, Eisfelder, Roper & Hofer, P.C., of Kansas City, Missouri, argued the cause, and Rhonda K. Mason and John M. Brigg, of the same firm, were with him on the brief for appellee Quality Motors of Independence, Inc.

The opinion of the court was delivered by LUCKERT, J.:

Past decisions of this court have held that an insurance company may rescind an insurance contract if an insured makes fraudulent material misrepresentations when applying for an insurance policy. A different rule applies, however, if the insurance company's agent completed the application and either knowingly entered false information or failed to ask the applicant for the information. Under those circumstances...

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