JOHN HANCOCK INS. v. BERG


49 Misc.2d 904 (1966)

John Hancock Mutual Life Insurance Company, Plaintiff, v. Elaine C. Berg, Individually and as Committee of The Estate of Harvey M. Berg, an Incompetent, Defendant.

Supreme Court, Erie County.

April 12, 1966


Attorney(s) appearing for the Case

Ohlin, Damon, Morey, Sawyer & Moot (James S. McAskill of counsel), for plaintiff. Milton Rabow for defendant.


REID S. MOULE, J.

The plaintiff, which issued a policy of insurance on the life of the above-named incompetent, moves for summary judgment on its first cause of action to rescind the accidental death benefit provision and on its second cause of action to rescind the waiver of premium after total disability provision.

The complaint alleges and the answer admits that the incompetent represented in his...

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