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United States Eighth Circuit


SHIPLEY v. ARKANSAS BLUE CROSS & BLUE SHIELD, 02-2867

Misrepresentation as to a material matter in an application for an ERISA-governed insurance policy is a sufficient ground to rescind the policy, and applicant's failure to disclose his medical condition at the time of enrollment was a material misrepresentation.

Appellate Information

  • Decided 06/30/2003
  • Published 06/30/2003

Judges

  • HANSEN, Circuit Judge., Before HANSEN, Chief Judge, BOWMAN and MELLOY, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Jeffrey L. Singleton, argued, Little Rock, AR (Martin W. Bowen, on the brief), for appellant.

  • For Appellees:
  • Mark H. Allison, argued, Little Rock, AR (Allan W. Horne, on the brief), appellee.
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