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071322P.pdf   03/27/2008  PHL Variable Insurance Company  v.  Fulbright McNeill
   U.S. Court of Appeals Case No:  07-1322
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Smith, Author, with Riley and Tashima, Circuit Judges]
   Civil Case - diversity - insurance. District court's grant of summary
   judgment to insurer after it rescinded and cancelled policy due to
   insured's material misrepresentation is affirmed. Insured had a duty to
   inform insurer of substantial change in his health condition and the
   failure to inform insurer resulted in a material misrepresentation of fact. 
   Applying Arkansas law of uberrima fides, insured had continuing
   obligation to disclose newly discovered facts. Judge Riley dissents.