FERNANDEZ v. WINDSOR LIFE INS


83 Misc.2d 301 (1975)

Maria T. Fernandez, Individually and as Administratrix of The Estate of Rosendo Fernandez, Deceased, Plaintiff, v. Windsor Life Insurance Company of America, Defendant.

Supreme Court, Trial Term, Queens County.

August 1, 1975


Attorney(s) appearing for the Case

Steven E. Pegalis for plaintiff. Bleakley, Platt, Schmidt & Fritz for defendant.


EDWIN KASSOFF, J.

Plaintiff seeks to recover $250,000 under a policy of insurance on the life of her late husband, Rosendo Fernandez. Defendant has declined to pay the proceeds of the policy to the plaintiff and has tendered to plaintiff all of the premiums paid for the policy because, in applying for the policy, defendant alleges that Rosendo Fernandez made material misrepresentations as to his health and medical...

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