policies. Id. While we have never directly held that there is a right of rescission under ERISA for insurance contracts entered into under a false representation of health, it is clear that the remedy should exist. Seventy years ago, the Supreme Court stated that “[insurance policies are traditionally contracts uberrimae fidei and a failure by the insured to disclose conditions affecting the risk, of which he is aware, makes the contract voidable at the insurer’s option.” Stipcich v. Metropolitan Life Ins. Co., 277 U.S. 311, 316, 48 S.Ct. 512, 72 L.Ed. 895 (1928). We need not moot whether uberrimae fidei itself still applies to ordinary insurance contracts because many federal courts facing insurance issues have identified a right of rescission. See, e.g., Davies, 128 F.3d at 943-44 (<HOLDING>); Hauser v. Life General Sec. Ins. Co., 56 F.3d
holding that an award of fees under  411839 was mandatory where an insured is compelled to file a lawsuit by reason of an insurers refusal to pay  to recover for a loss under her insurance contract recognizing an insurers right to rescind an insurance contract where the insured has made fraudulent or material misrepresentation in insurance application holding an insurer has a right to rely on statements made in an insurance application recognizing that a material misrepresentation or omission of fact in an insurance application relied on by the insurer in issuing a policy renders the coverage voidable at the insurance companys option holding that insureds failure to list his brother as a member of the household was a material misrepresentation that provided the insurance company with grounds to rescind the policy