CUTLER v. HARTFORD LIFE INS. CO.


22 N.Y.2d 245 (1968)

Anne Cutler, Individually and as Administratrix of The Estate of Julius Cutler, Deceased, Appellant, v. Hartford Life Insurance Co. et al., Respondents.

Court of Appeals of the State of New York.

Decided June 5, 1968.


Attorney(s) appearing for the Case

Harry Simon for appellant.

William P. Hindman, Jr., and Richard R. Lutz for respondents.

Morris Aarons, amicus curiæ, pro se, and Sheila L. Birnbahm and Joan L. Ellenbogen, for amicus curiæ.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING and JASEN concur.


BREITEL, J.

Arising on cross motions for summary judgment, the issue is whether a purchaser of mutual fund shares on the installment plan, who optionally purchased diminishing term life insurance under a group policy, was entitled to receive a copy of his fraudulent insurance application statements in order that they be available to the insurers as a defense. The Supreme Court, Kings County, denied plaintiff...

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