BARRETT v. TRAVELERS INS. CO.


52 A.D.2d 897 (1976)

Dolores Barrett, Respondent, v. Travelers Insurance Company, Appellant

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

May 17, 1976


Judgment reversed, on the law and the facts, without costs or disbursements, complaint dismissed and defendant is directed to return the premium paid for the life insurance policy to plaintiff.

The undisputed medical testimony in the record on this appeal establishes that, in his application for insurance, the insured materially misrepresented that he had not been treated by physicians for alcoholism. On the contrary, the testimony, confirmed by the medical records...

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