FINDINGS OF FACT AND CONCLUSIONS OF LAW
SAM H. BELL, District Judge.
I. INTRODUCTION
On the 19th of December, 1989, plaintiff filed this action for rescission of a certificate of insurance issued to the defendant, Paul David Wittman. On January 29, 1990, defendants filed their answer which included a two-count counterclaim, averring that: (1) plaintiff's refusal to pay the defendant the monthly benefits due to him under the policy constitutes gross...
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