LEAMY v. BERKSHIRE INS. CO.


39 N.Y.2d 271 (1976)

Katherine Leamy, Appellant, v. Berkshire Life Insurance Company, Respondent. (Action No. 2.) (And Another Action.)

Court of Appeals of the State of New York.

Decided April 6, 1976.


Attorney(s) appearing for the Case

James E. Buckley and Larry N. Volk for appellant.

C. Theodore Carlson for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in Per Curiam opinion.


Per Curiam.

We conclude that in this case the decedent misrepresented material facts relative to his health as a matter of law.

The uncontested proof established two misrepresentations, both in writing.

The first was in the original application for the life insurance policy for recovery on which this suit was brought. It was dated October 25, 1968. In it, decedent, a successful and well-educated professional...

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