CUTLER v. HARTFORD LIFE INS.


51 Misc.2d 286 (1966)

Ann Cutler, Individually and as Administratrix of The Estate of Julius Cutler, Deceased, Plaintiff, v. Hartford Life Insurance Company et al., Defendants.

Supreme Court, Special Term, Kings County.

July 6, 1966


Attorney(s) appearing for the Case

Harry Simon for plaintiff. Townley, Updike & Rogers (Richard R. Lutz of counsel), for defendants.


OLIVER D. WILLIAMS, J.

Defendants move for summary judgment in an action to recover $16,700 as proceeds of insurance coverage issued on the life of plaintiff's husband, now deceased. Defendants deny any liability, on the ground that the decedent made material misrepresentations of fact in his application for insurance and died within the contestable period. Plaintiff does not take issue with respect to the foregoing claim but asserts that such defense...

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