UNION MUT. LIFE INS. CO. v. KEVIE


17 A.D.2d 109 (1962)

Union Mutual Life Insurance Company, Appellant, v. Louis R. Kevie, Respondent

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

October 2, 1962.


Attorney(s) appearing for the Case

David R. Crow of counsel (Tanner, Friend, Kinnan & Post, attorneys), for appellant.

Morris A. Marks of counsel (George E. Netter and Milton Waxenfeld with him on the brief; Geist, Netter & Marks, attorneys), for respondent.

RABIN, J. P., VALENTE and STEVENS, JJ., concur; EAGER, J., dissents and votes to affirm on the opinion of Mr. Justice COLEMAN.


STEUER, J.

Defendant is the insured of a sickness and accident policy issued to him by the plaintiff. He concedes that in applying for the policy he made material misrepresentations as to his physical condition and that if plaintiff had been informed of the actual circumstances of his condition it would not have issued the policy. In this action to rescind the policy his sole defense is that the policy has by...

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