On December 18, 2012, the Oklahoma Supreme Court decided Benson v. Leaders Life Insurance Co., 2012 OK 111, ___ P.3d ___.  The Benson case involved the interpretation of section 3609 of Title 36, which deals with when an insurer may rescind a policy due to misrepresentations, omissions, concealment of facts, or incorrect statements made in the application for the insurance policy.  As noted in the opinion, the Oklahoma Supreme Court has held on several occasions that the statute requires a finding of an “intent to deceive” the insurer before a policy may be avoided by reason of the insured’s false statement or omission in the application.  However, in discussing the insurer’s purported failure to use a medical release provided by the insured at the time of application (Id. at ¶ 9), the Benson opinion brings into question other Oklahoma Supreme Court and federal court pronouncements stating that…