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please answer this case study as both plaintiff point of view and defendant point of view. please also mention sections and laws to support your

please answer this case study as both plaintiff point of view and defendant point of view. please also mention sections and laws to support your answer. in the end please write down your decision as a conclusion.

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Relationships CASE 7 Jennifer and Suzanne were the sole equal shareholders Carlyle, an agent for Solid Life Insurance Co. had been In the operation of a company that owned a depart- Jennifer's agent for the better part of 25 years Carlyle ment store. The owner's equity in the store amounted Wrote two policies: one on each life, with the other name to $4 million, as the beneficiary in the amount of $2 million. A medley At age 52, both Jennifer and Suzanne knew that no exam was required, and in the course of Suzanne's crap one in either of their families had any interest In taking nation, she was asked by the doctor if she had smoked over their shares in the business in the event that either the last twelve months. She said that she had not. Jennifer or Suzanne died. At the same time, neither A year later, Suzanne was killed in an auto accident. wanted to see the other saddled with a new partner After investigation, Solid Life Insurance Co. refused to should the family of the deceased sell the inherited half- pay because it had discovered that Suzanne had, in fact share to someone undesirable. Accordingly, they made been a smoker at the time the policy was issued, There a buyout agreement, and resolved to buy insurance was a policy available for smokers at the time of original sufficient that, on the death of either of them, the survi- Issuance, but it carried a higher premium. vor would have enough cash to buy up the deceased's Jennifer sued Carlyle (with Solid Life Insurance Co shares in the company, and that survivor would then as a co-defendant) in a suit for negligence. own the company outright Identify the issues involved and render a decision

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