Court of Appeals for the Eighth Circuit May 29, 2007, 06-2818 (Kenny J. Werdehausen Anita Werdehausen v. Benicorp Insurance Company)

LOKEN, Chief Judge.

Kenny Werdehausen had neck surgery and submitted a benefits claim under his employer’s group health plan reflected in an insurance policy issued by Benicorp Insurance Company. In reviewing the claim, Benicorp discovered that Werdehau-sen had failed to disclose the need for neck surgery in his policy enrollment application.