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madmadmad madmadmad
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6 years ago
Insurer's Defenses. Kirk Johnson applied for life insurance with New York Life Insur-ance Co on October 7, 1986. In answer to a question about smoking habits, Johnson stated that he had not smoked in the past twelve months and that he had never smoked cigarettes. In fact, Johnson had smoked for thirteen years, and during the month prior to the insurance appli-cation, he was smoking approximately ten cigarettes per day. Johnson died on July 17, 1988, for reasons unrelated to smoking. Johnson's father, Lawrence Johnson, who was the benefi-ciary of the policy, filed a claim for the insurance proceeds. While investigating the claim, New York Life discovered Kirk Johnson's misrepresentation and denied the claim. The company canceled the policy and sent Lawrence Johnson a check for the premiums that had been paid. Lawrence Johnson refused to accept the check, and New York Life brought an action for a declaratory judgment (a court determination of a plaintiff's rights). What should the court decide? Discuss fully.
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YatesmYatesm
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