Certain Underwriters at Lloyd's, London v. Cohen

Reversed and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge GREGORY and Judge LEWIS joined.

DIANA GRIBBON MOTZ, Circuit Judge:

Certain Underwriters at Lloyd’s of London brought this suit against Dr. Max Harry Cohen, a general surgeon, and Max Harry Cohen, M.D., Chtd., the corporate entity under which his practice operated (collectively, “Dr. Cohen”), seeking a declaration that they properly rescinded his disability insurance policies. The magistrate judge held that Dr. Cohen made material misrepresentations on his policy applications and so granted summary judgment…