MARINO v. METRO. LIFE INS. CO.


13 Misc.2d 469 (1958)

Pasquale Marino, Respondent, v. Metropolitan Life Insurance Company, Appellant.

Supreme Court, Appellate Term, Second Department.

June 17, 1958.


Attorney(s) appearing for the Case

David R. Crow for appellant.

Joseph F. Ruggiero and Richard Noel Burns for respondent.

Concur — PETTE, HART and BROWN, JJ.


Per Curiam.

The evidence established that plaintiff's illness existed before the policy was issued and was, therefore, not within the coverage of the policy. In addition the defendant proved that the denial by plaintiff that he had had medical treatment within five years prior to making application for the policy was a material misrepresentation and that the policy would not have been issued if the defendant had knowledge of the facts misrepresented. (Insurance...

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