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OGLESBY v. PENN MUT. LIFE INS. CO.

Civ. A. No. 93-224 MMS.

889 F.Supp. 770 (1995)

John T. OGLESBY, II, M.D., Plaintiff, v. The PENN MUTUAL LIFE INSURANCE COMPANY, Defendant.

United States District Court, D. Delaware.

May 30, 1995.

Attorney(s) appearing for the Case

Anne C. Naczi of Tybout, Redfearn & Pell, Wilmington, DE, for plaintiff.

William W. Erhart of Erhart & Laffey, Wilmington, DE; Douglas F. Johnson of Earp, Cohn, Leone & Pendery, Westmont, NJ, of counsel, for defendant.

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

I. INTRODUCTION

This is a diversity action brought by plaintiff John T. Oglesby to collect insurance benefits under a disability policy issued in February 1987 by defendant The Penn Mutual Insurance Company (Penn Mutual). Penn Mutual has denied liability for plaintiff's claim. At summary judgment, Penn Mutual sought and was granted partial rescission of the policy based on plaintiff's concealment...

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