Summary Judgment 010-disability insurance denial-federal court

Summary Judgment 010: disability insurance denial in federal court:

Rescission is a high bar that requires clear and convincing evidence of intent to deceive insurance company; nature of the proof required calls for jury to determine insured’s subjective intent; therefore, this motion should be denied.

Plaintiff lacked intent to deceive required for rescission.

Plaintiff’s intent is a fact question for jury.

Pre-existing conditions cannot void first two policies.