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I've written almost $1 mil ap in term. I was a top 15 agent with NAA when doing MP. As for the questions on previous apps, I've had those too. I chose to not continue to do business with companies that pull that crap.
I fully understand how the MIB stuff works. I'm not sure that you do.
As I said, my bet is that he gets covered as a non smoker. What are you willing to wager on it?
I'm not saying you are wrong, but you still have to deal with the MIB hit. They aren't supposed to decline over it, but they definitely can ask for clarification and decline over that. Or in this case charge a tobacco rate.