The Fifth Circuit panel found that the finder of facts' conclusion that the decedent had intentionally acted to deceive the life insurer when the decedent misrepresented his smoking history in the policy application was plausible based on evidence that 1) his medical records showed that he was a smoker, 2) he knew that his status as a smoker would increase his premiums, and 3) his medical records showed that he had minimized the extent of his epilepsy in his application; therefore, the panel affirmed the declaratory judgment that the life insurer had properly rescinded the policy due to a material misrepresentation in the application.
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