Corinne has a routine medical appointment with her family physician. She is instructed to undergo blood work and certain other diagnostic tests. After receiving the results, Corinne's doctor advises her that she has lupus. After discussing the situation with her husband, Corinne contacts their life insurance agent and applies for a new life insurance policy naming her husband as beneficiary. She does not disclose the lupus diagnosis on her insurance application. After her death the insurance company obtains the family doctor's medical records and refuses to pay her husband any amounts under the policy. They do return the premiums that Corinne paid after the policy was issued. The husband's lawsuit against the insurance company will:
◦ succeed because the insurance company accepted the risk at the time the application for insurance was made.
◦ succeed because the insurance company ought to have obtained the medical records from the family physician at the time the application was submitted.
◦ succeed because no autopsy was done and there was no clear evidence of what caused Corinne's death.
◦ fail because Corinne failed to provide full disclosure of her current health condition which constituted a misrepresentation and voided the policy.
◦ fail because Corinne ought to have applied for the insurance before she got the test results.
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