HARTNETT v. HOME LIFE INS. CO.


18 A.D.2d 281 (1963)

Rose M. Hartnett, Appellant, v. Home Life Insurance Company, Respondent

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

April 12, 1963.


Attorney(s) appearing for the Case

Honan, Kane & McLoughlin (James J. McLoughlin of counsel), for appellant.

Dudley, Stowe & Sawyer (Roy P. Ohlin of counsel), for respondent.

GOLDMAN, HALPERN and McCLUSKY, JJ., concur.


BASTOW, J. P.

This action was brought to recover the amount claimed due upon a life insurance policy issued by defendant to plaintiff's husband in which plaintiff was named as beneficiary. Defendant asserted, among other defenses, that the insured had made certain material misrepresentations in applying for the policy and alleged that if the true facts had been known they would have led to a refusal to issue...

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