McCalla

*842 MEMORANDUM **

I.

This case stems from Royal Maccabees Life Insurance Company’s (“Maccabees”) rescission of a disability insurance policy that was issued to Vincent McCalla (“McCalla”) in 1992. As part of the application process, McCalla was interviewed by a nurse, Margaret Nelson, who asked McCalla various questions related to his medical history. McCalla omitted from his answers that he had visited a chiropractor over 200 times and consulted with other doctors about his back and related conditions. McCalla also failed to disclose various testing and other procedures he had undergone in the five-year period preceding his application. McCalla claims that he did not report his chiropractic history because the interviewing nurse told him she was only interested in “real doctors,” which McCalla understood to mean his chiropractic history was not applicable. As for the other omitted information, McCalla acknowledged that he “obviously should have” included it.

McCalla contracted Lyme Disease in 1996, which rendered him totally disabled. McCalla thereafter submitted a claim to Maccabees for payment under the policy However, Maccabees subsequently learned that McCalla omitted…