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PHOENIX MUT. LIFE INS. CO. v. CONWAY

11 N.Y.2d 367 (1962)

Phoenix Mutual Life Insurance Company, Respondent, v. John W. Conway et al., Appellants.

Court of Appeals of the State of New York.

Decided June 12, 1962.

Attorney(s) appearing for the Case

Arnold A. Levin for appellants.

Thomas C. Platt, Jr., Frank A. Fritz, Lee Sylvester and Joseph Carrieri for respondent.

Chief Judge DESMOND and Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur.

FULD, J.

In October, 1959, Mrs. Lillian Conway made a written application to the plaintiff, Phoenix Mutual Life Insurance Company, for a $25,000 life insurance policy on her life and thereafter (on October 16) the insurance company issued such a policy. The insured died some nine months later, in July of 1960. Assertedly discovering that she had fraudulently misrepresented certain facts in her application, the...

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