Rubes v. Mega Life & Health Ins. Co., Inc.

NEUMAN, Justice.

This declaratory judgment action concerns plaintiff Stephen Rubes’ coverage for health and medical expenses under a policy of insurance issued by defendant MEGA Life and Health Insurance Company, Inc. (MEGA). Resolution of the controversy hinges on the application of competing equitable theories to a disputed factual record: Whether Rubes materially misrepresented his health history so as to justify rescission by MEGA and, if so, whether MEGA should be equitably estopped from rescinding because its decision was not conveyed until Rubes’ cost ly — but lifesaving — liver…