United States Eighth Circuit

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PHL Variable Ins. Co. v. Fulbright McNeill, Inc., 07-1322

In an action seeking the termination of a life insurance policy premised on an applicant's misrepresentation of health conditions, grant of summary judgment for insurer is affirmed where, under Arkansas law of uberrima fides, an applicant for insurance who discovers facts that renders portions of his/her application no longer true while the company deliberates must make full disclosure of newly discovered facts.

Appellate Information

  • Decided 03/27/2008
  • Published 03/27/2008


  • SMITH, Circuit Judge., Before RILEY, TASHIMA, and SMITH, Circuit Judges.


  • United States Eighth Circuit


  • For Appellant:
  • Timothy Oliver Dudley, argued, Little Rock, AR (Mark Riable, on the brief), for appellant.

  • For Appellees:
  • Larry W. Burks, argued, Little Rock, AR, for appellee.