FERNANDEZ v. WINDSOR LIFE INS. CO. OF AM.


52 A.D.2d 589 (1976)

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

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

April 12, 1976


Judgment affirmed, with costs.

The record is abundantly clear that the applicant omitted disclosure of a series of treatments up to the date of his application with respect to a coronary heart condition. Such failure to divulge constituted a material misrepresentation under section 149 of the...

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