Provident Life and Accident Ins. Co. v. Sharpless

FINDINGS OF FACT AND CONCLUSIONS OF LAW

RIEDLINGER, United States Magistrate Judge.

Plaintiff Provident Life and Accident Insurance Company filed this declaratory judgment action against defendant Mary Ellen Sharpless, M.D., 1 seeking to rescind the disability insurance policy it issued to the defendant and recover benefits paid pursuant to the policy since December 3, 1997. Plaintiff alleged that the defendant made fraudulent misstatements in response to questions on the policy application forms. Plaintiff sought rescission based on the fraudulent misstatement provision of the policy’s…