James E. Clark, Cross-Appellee v. Golden Rule Insurance Co., Cross-Appellant

THORNBERRY, Circuit Judge:

James E. Clark appeals the judgment of the district court denying his insurance claim for medical expenses on the grounds that coverage was precluded by a policy exclusion for preexisting conditions. Golden Rule Insurance Company (Golden Rule) files a cross-appeal alleging that the district court erred in refusing to rescind the policy for misrepresentation. We affirm the district court’s judgment denying Clark’s claim as preexisting condition, and remand the case for further consideration of the right to rescind the policy.

PACTS

Appellant Clark seeks coverage under…