Rescission of life insurance policy due to non-disclosure of pre-existing health condition

We represented a life insurer in a jury trial regarding the rescission of a life insurance policy due to the policyholder's failure to disclose previously diagnosed cancer and diabetes. Within the contestability period, the policyholder died of lung cancer. Following a trial at which our client proved that it would not have issued a "preferred" policy if there had been truthful disclosure of the policyholder's medical history, the jury returned a verdict for our client.