(Solution Download) If there was any ambiguity on the application should it


If there was any ambiguity on the application, should it be resolved in favor of the insured or the insurer? Provident Insurance, Inc., issued an insurance policy to a company providing an employee, Steve Matlin, with disability insurance. Soon thereafter, Matlin was diagnosed with ?panic disorder and phobia of returning to work.? He lost his job and sought disability coverage. Provident denied coverage, doubting the diagnosis of disability. Matlin and his employer sued Provident. During pretrial discovery, the insurer learned that Matlin had stated on the policy application that he had never been treated for any ?emotional, mental, nervous, urinary, or digestive disorder? or any kind of heart disease. In fact, before Matlin filled out the application, he had visited a physician for chest pains and general anxiety, and the physician had prescribed an antidepressant and recommended that Matlin stop smoking. Using the information presented in the chapter, answer the following questions.

 







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