Stoural v. Blue Cross & Blue Shield

Connolly, Judge.

I. INTRODUCTION

This appeal arises from a jury verdict in favor of the appellee, an insurance company. The appellant had filed a declaratory judgment action for proceeds allegedly due him under an insurance policy issued by the appellee. The appellee answered with the affirmative defense that it had rescinded the policy because of the appellant’s fraudulent misrepresentation of his medical history in his policy application. The appellant argues that in the jury instructions, the appellee should have been held to the burden of proving fraudulent misrepresentation by clear and…