At age 44, Thomas purchased a $500,000 life insurance policy and named his 23-year-old son, Joshua, as his beneficiary. As part of the application, Thomas was required to fill out a health questionnaire. When Thomas filled out the application, he indicated that he had no prior medical problems. He also stated that he was a non-smoker and had never smoked or used any form of tobacco products. Four years after purchasing the policy, Thomas died of throat cancer because of his life-long use of chewing tobacco. The insurance company denies Joshua's application for the insurance benefits claiming that Thomas misrepresented his health status tobacco usage and would have never issued the policy had Thomas had it known of Thomas's tobacco usage. Joshua challenges the denial of benefits. Who will prevail? Why?