Oklahoma Supreme Court Addresses Misrepresentation Statute

Leasa M. Stewart's avatarGableGotwals Insurance Law Update

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…

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Is Running Bad for Your Heart? – NewsOK.com

A study published in the December issue of the British medical journal Heart looked at 52,600 people over three decades, and it found that those who ran more than 20 to 25 miles per week lived no longer than those who didn’t exercise at all. Another recent study also found that people who ran faster than 7 minutes and 30 seconds per mile when they exercised enjoyed no mortality advantage over couch potatoes. But in both studies, people who ran regularly, but at shorter distances and slower paces, lived longest.

via Is running bad for your heart? | NewsOK.com.

Yet another study that adds to the conflicting data we already have.  For the record, I no longer run for exercise.  But my excuse is OA.

Binge Drinking Among Women and High School Girls — United States, 2011

Results: Among adult women, the prevalence of binge drinking was 12.5%, and among those who binge drank, the frequency of binge drinking was 3.2 episodes per month and the intensity was 5.7 drinks on occasion. Binge drinking was most prevalent among women aged 18–24 years (24.2%) and 25–34 years (19.9%), and among those from households with annual incomes of ≥$75,000 (16.0%). Among those who binge drank, women aged 18–24 years had the highest frequency (3.6 episodes) and intensity (6.4 drinks) of binge drinking. Among high school girls, the prevalence of current alcohol use was 37.9%, the prevalence of binge drinking was 19.8%, and the prevalence of binge drinking among girls who reported current alcohol use was 54.6%.

Conclusions: Binge drinking is reported by one in eight U.S. adult women and one in five high school girls. Women who binge drink tend to do so frequently and with high intensity. Most high school girls who reported current alcohol use also reported binge drinking.

via Vital Signs: Binge Drinking Among Women and High School Girls — United States, 2011.

Large Squid Fishing Frenzy

During a 45-minute stretch for anglers on two boats Saturday night off Southern California, they reeled an estimated 800 large ink- and water-squirting squid up and over the rails.

via Large, mysterious squid send California anglers into fishing frenzy.

First images of giant squid in the deep are released.

Giant-squid video technology could reveal more monsters of the deep – thestar.com.

Watch the first ever video of a live giant squid as it terrorizes the deep | News | Geek.com.