May 31, 1996

                                [NOT FOR PUBLICATION]



                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT

                                 ____________________





        No. 95-2262



                                    CARLOS DECLET,



                                Plaintiff, Appellant,



                                          v.



                                 CONFEDERATION LIFE,



                                 Defendant, Appellee.





                                 ____________________



                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                           FOR THE DISTRICT OF PUERTO RICO



                 [Hon. Raymond L. Acosta, Senior U.S. District Judge]
                                          __________________________



                                 ____________________



                                        Before



                                Torruella, Chief Judge,
                                           ___________

                          Boudin and Lynch, Circuit Judges.
                                            ______________



                                 ____________________



            Arturo  Aponte  Pares   and  Peter  John  Porrata  on  brief   for
            _____________________        ____________________

        appellant.

            Manuel Moreda-Toledo and McConnell Valdes on brief for appellee.
            ____________________     ________________





                                 ____________________





                                 ____________________













                 Per  Curiam.   Having carefully  reviewed the  record in
                 ___________





























            this case, including the briefs of the parties, we affirm the



            grant of summary judgment to defendant/appellee Confederation



            Life Insurance Company of Canada.



                 According  to  the undisputed  statement  of facts,  the



            decedent made  material misstatements as to  the condition of



            her health  in her August 1992  application for reinstatement



            of her life insurance  policy.  By  the terms of the  policy,



            such material  misstatements made the policy  voidable at the



            option  of Confederation during  the two  year contestability



            period,  which option  Confederation  exercised  in  February



            1993.   Moreover,  according to  the  clear language  of  the



            application, no  statement relative  to the insured's  health



            could be deemed communicated  to Confederation unless set out



            in   the  evidence   of  insurability   submitted  with   the



            application  itself.   Consequently,  even  if  appellant did



            orally communicate the state of decedent's health to an agent



            of  Confederation in  1991, Confederation  would have  had no



            duty to investigate, absent  some evidence submitted with the



            application.     Since  no   such  evidence  was   submitted,



            Confederation was  within its  legal right in  rescinding the



            policy.1
                   1



                 Affirmed.  See 1st Cir. Loc. R. 27.1.
                 ________   ___







                                
            ____________________



               1Appellant's  claim that  Confederation  was reluctant  to
               1

            provide  him with  all  relevant discovery  material was  not

            raised below and thus will not be heard on appeal.



                                         -2-