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IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI PLAINTIFF VS. DOCKET NO. DEFENDANT MOTION, ANSWER AND DEFENSES OF COMES NOW Defendant, , by and through its attorneys, and files this its Motion, Answer and Defenses to the Complaint filed against it herein, and states as follows, to-wit: MOTION This Defendant moves the Court to sever and separate Plaintiff's alleged causes of action, there being a misjoinder of causes of action and parties in the Complaint, or, in the alternative, that said causes of action be severed and separated for separate trial. FIRST DEFENSE The Complaint fails to state a cause of action against this Defendant and the same should be dismissed and the relief therein sought denied. SECOND DEFENSE And now, answering the Complaint herein, paragraph by paragraph, this Defendant would further show unto the Court the following: 1. This Defendant admits the allegations of Paragraph 1. 2. The allegations of Paragraph 2 do not pertain to this Defendant. 3. The allegations of Paragraph 3 do not pertain to this Defendant. 4. This Defendant admits the allegations of Paragraph 4.5. This Defendant admits the allegations of Paragraph 5 insofar as the same pertains to it and insofar as was acting within the scope of the authority granted him/her by this Defendant. 6. This Defendant admits the allegations of Paragraph 6 insofar as the same pertains to it and insofar as was acting within the scope of the authority granted him/her by this Defendant. 7. The allegations of Paragraph 7 do not pertain to this Defendant. 8. This Defendant admits the allegations of Paragraph 8 insofar as the same pertains to it and insofar as was acting within the scope of the authority granted him/her by this Defendant. 9. This Defendant admits that the events involved herein occurred in County, Mississippi, but denies that the same constitute a cause of action accruing in County, Mississippi. 10. This Defendant is without knowledge or information sufficient to form a belief as to the allegations of Paragraph 10 and, therefore, denies the same. 11. Upon information and belief, this Defendant admits the allegations of Paragraph 11. 12. This Defendant admits the allegations of Paragraph 12 insofar as the same pertain to it. 13. This Defendant is without knowledge or information sufficient to form a belief as to the allegations of Paragraph 13 and, therefore, denies the same. 14. The allegations of Paragraph 14 do not pertain to this Defendant.15. This Defendant is without knowledge or information sufficient to form a belief as to the allegations of Paragraph 15 and, therefore, denies the same. 16. Answering Paragraph 16, this Defendant admits that Plaintiff and his/her husband/wife signed the referred documents, but denies that said documents and said loan were executed. 17. The allegations of Paragraph 17 do not pertain to this Defendant. 18. This Defendant admits the allegations of Paragraph 18 insofar as said named persons were acting within the scope of the; authority granted to them by this Defendant. 19. This Defendant denies the allegations of Paragraph 19. 20. This Defendant admits the allegations of Paragraph 20. 21. This Defendant admits that it has received satisfactory proof of the death of . 22. This Defendant admits the allegations of Paragraph 22. 23. This Defendant denies the allegations of Paragraph 23. 24. This Defendant admits the allegations of Paragraph 24. ANSWER TO COUNT I 25. This Defendant incorporates herein each and every response made to Paragraph 1 through 24. 26. This Defendant denies the allegations of Paragraph 26. 27. This Defendant denies the allegations of Paragraph 27. 28. This Defendant denies the allegations of Paragraph 28. 29. This Defendant denies the allegations of Paragraph 29. 30. This Defendant denies the allegations of Paragraph 30. ANSWER TO COUNT II 31. This Defendant incorporates herein each and every response made to Paragraph 1 through 24. 32. This Defendant admits the allegations of Paragraph 32, but as hereinafter shown, said policy was rescinded because of misrepresentation of material facts. 33. This Defendant denies the allegations of Paragraph 33 and would show unto the Court that said policy was issued upon a signed statement of health by which contained a misrepresentation of material fact, and that said policy was rescinded as a result thereof. 34. This Defendant admits that it has received satisfactory proof of the death of . 35. This Defendant admits that Plaintiff has demanded that it pay the outstanding balance of the mortgage loan at . 36. This Defendant denies the allegations of Paragraph 36 except that it admits that it has refused to pay the balance of said loan. 37. This Defendant denies the allegations of Paragraph 37 except that it admits that it has refused to pay any benefits under Policy No. . 38. This Defendant admits the allegations of Paragraph 38 except that it admits that it has refused to pay the balance of said loan. 39. This Defendant denies the allegations of Paragraph 39. 40. This Defendant denies the allegations of Paragraph 40. ANSWER TO COUNT III 41. This Defendant incorporates herein each and every response made to Paragraph 1 through 24. 42. This Defendant denies the allegations of Paragraph 42. 43. This Defendant denies the allegations of Paragraph 43. 44. This Defendant denies the allegations of Paragraph 44. 45. This Defendant denies the allegations of Paragraph 45. ANSWER TO COUNT IV 46. This Defendant incorporates herein each and every response made to Paragraph 1 through 24. 47. Based upon present knowledge and information this Defendant admits that a certificate of insurance was signed on or about , , but would show that if the same were delivered to Plaintiff or his/her husband/wife, it was done inadvertently and by mutual mistake of the parties; further, that said certificate was signed in reliance upon statements as to the health of which statements constituted misrepresentation of material facts; and, further, that the underlying loan upon which said certificate was signed was never executed or consummated, and that there was no premium paid to this Defendant for said certificate of insurance. 48. This Defendant denies the allegations of Paragraph 48. 49. This Defendant admits that it has received satisfactory proof of the death of . 50. This Defendant denies the allegations of Paragraph 50, and would show unto the Court that said purported loan of , , was never consummated or executed. 51. This Defendant denies the allegations of Paragraph 51.52. This Defendant denies the allegations of Paragraph 52. 53. This Defendant denies the allegations of Paragraph 53. 54. This Defendant denies the allegations of Paragraph 54. 55. This Defendant denies the allegations of Paragraph 55. ANSWER TO COUNT V 56. This Defendant incorporates herein each and every response made to Paragraph 1 through 24. 57. This Defendant denies the allegations of Paragraph 57 except that it admits that and were, among others, proper persons to contact regarding credit life insurance claims. 58. This Defendant denies the allegations of Paragraph 58. 59. This Defendant admits that it has received satisfactory proof of the death of . 60. This Defendant admits that Plaintiff demanded payment of insurance benefits, but denies the allegations of Paragraph 60. 61. This Defendant denies the allegations of Paragraph 61.62. This Defendant denies the allegations of Paragraph 62. 63. This Defendant denies the allegations of Paragraph 63. 64. This Defendant denies the allegations of Paragraph 64. 65. This Defendant is without knowledge or information sufficient to form a belief as to the allegations of Paragraph 65 and, therefore, denies the same. 66. Answering Plaintiff's ad damnum clause of the Complaint, this Defendant denies that Plaintiff should have judgment against it in the sum demanded or in any sum whatsoever. THIRD DEFENSE This Defendant would further show that Policy Number was issued based upon the signed statement of health contained in the application for insurance coverage; that in signing said statement of health, knowingly made false representations as to the condition of his/her health, which misrepresentations were material to the insurance risk and relied upon by this Defendant to its detriment; that because of said misrepresentation of material facts, this Defendant has rescinded said policy of insurance and returned the premium therefor; that a true copy of said signed statement of health is attached hereto as Exhibit "A." FOURTH DEFENSE This Defendant would further show that as to said certificate of insurance Number the same was likewise signed by this Defendant's resident agent on the basis of a signed statement of health which misrepresented the health condition of ; that knowingly made false representations as to his health condition, and that said misrepresentation was of facts material to the insurance risk; and that said resident agent signed said certificate in reliance upon the false representations, to the detriment of this Defendant; that if said insurance certificate created insurance on the life of , which this Defendant denies, then this Defendant rescinds said policy because of said misrepresentation of material fact; a true copy of said signed statement of health is attached hereto as Exhibit "B." FIFTH DEFENSE This Defendant would further show that, based upon information and belief, said purported loan of , 20 , was never executed or consummated, that this Defendant never received a premium for any alleged insurance represented by Certificate Number , that there is no underlying loan at and that signing of Certificate Number by this Defendant's resident agent did not create insurance on the life of ; further that if said certificate were delivered to Plaintiff or his/her husband/wife, the same was inadvertently delivered by mutual mistake of the parties. SIXTH DEFENSE This Defendant denies that Plaintiff is entitled to any punitive damages against it, and would show unto the Court that it has not dealt unfairly or in bad faith with Plaintiff and that it has not willfully and intentionally wronged Plaintiff; that, to the contrary, this Defendant has acted in good faith and fair dealing, and has legitimate, justifiable and arguable reasons for refusing to pay the claims made by Plaintiff, and has at all times acted in good faith herein. SEVENTH DEFENSE An award of punitive damages against this Defendant would be in violation of the Constitutions of the United States and of the State of Mississippi. AND NOW having fully answered the Complaint herein, this Defendant again denies that Plaintiff is entitled to recover the damages and sums sought herein, and prays that it be dismissed with its costs. Respectfully submitted, _______________________________________ Attorney for Of Counsel: Telephone: MSB # Attorney for