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HARPER v. FIDELITY AND GUAR. LIFE INS. CO.

No. S-09-0119.

234 P.3d 1211 (2010)

2010 WY 89

Gail L. HARPER, Appellant (Plaintiff), v. FIDELITY AND GUARANTY LIFE INSURANCE COMPANY, Appellee (Defendant).

Supreme Court of Wyoming.

June 29, 2010.

Attorney(s) appearing for the Case

Representing Appellant: Stephen R. Winship of Winship & Winship, P.C., Casper, Wyoming.

Representing Appellee: Julie Nye Tiedeken of McKellar, Tiedeken & Scoggins, LLC, Cheyenne, Wyoming.

Before VOIGT, C.J., and GOLDEN, HILL, KITE, and BURKE, JJ.

HILL, Justice.

[¶ 1] Joseph Harper, the husband of Appellant Gail Harper, bought a life insurance policy and died within two months of doing so. Fidelity and Guaranty Life Insurance Company refused to pay the claim because they insisted that Mr. Harper "misrepresented/omitted" the state of his health in the claim application. Mrs. Harper filed suit, the district court granted summary judgment in favor of Fidelity, and this appeal followed.

ISSUES

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