What Was the Result in Amex Life Assurance Company V

Multiple Choice

What was the result in Amex Life Assurance Company v.Slome Capital Corp.,involving whether an insurer was bound to pay on a policy,even though the insured had someone else take his physical examination for him in order to conceal that he was HIV-positive?

A) The insurer did not have to pay the life insurance proceeds, because fraud was involved.
B) The insurer could avoid payment of the life insurance proceeds, but only if it could present clear and convincing proof that fraud was involved.
C) The insurer could avoid payment of the life insurance proceeds, regardless of whether fraud was involved.
D) The insurer had to pay the life insurance proceeds, because the insured had medical privacy rights, and therefore no duty to reveal he was HIV-positive.
E) The insurer had to pay the life insurance proceeds, because the incontestability clause in the policy prevented the insurer from denying coverage.