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HORTON v. PRUDENTIAL INS. CO.

46 A.D.2d 456 (1975)

Theodore N. Horton, as Administrator of The Estate of Ronald E. Horton, Deceased, et al., Respondents, v. Prudential Insurance Company of America, Appellant

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

January 23, 1975.

Attorney(s) appearing for the Case

Hinman, Howard & Kattell (John S. Davidge of counsel), for appellant.

Cenesky, Alenik & Stefanski (Marvin Alenik of counsel), for respondents.

GREENBLOTT, SWEENEY, KANE and REYNOLDS, JJ., concur.

HERLIHY, P. J.

On or about October 1, 1969 the decedent, Ronald E. Horton, aged 21 years, signed an application to the defendant for a life insurance policy. The record conclusively establishes that the application form required information as to hospitalizations of the decedent and that a recent hospitalization of him involving an apparently serious medical disorder was omitted from the application. The defendant...

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