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KEAR v. PRUDENTIAL INS. CO.

2 A.D.2d 71 (1956)

Rosemary Kear, an Infant, by John E. Kear, Her Guardian ad Litem, et al., Respondents, v. Prudential Insurance Company of America, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

July 3, 1956.

Attorney(s) appearing for the Case

Harry N. Schechter of counsel (Le Vine & Schechter, attorneys), for appellant.

Murray Schwartz of counsel (R. E. Burdick with him on the brief; M. S. & I. S. Isaacs, attorneys), for respondents.

BOTEIN, J. P., RABIN, COX, FRANK and VALENTE, JJ., concur.

Per Curiam.

In 1942, defendant issued a policy of insurance ($8,500) on the life of Edward Kear. Kear died on July 15, 1951, but defendant refused payment of the policy on the ground that decedent had made material misrepresentations in an application for reinstatement on January 18, 1951.

The policy had lapsed on November 16, 1950, because of decedent's failure to pay the premium which became due on October...

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