TANNENBAUM v. PROVIDENT MUT. LIFE INS. CO. OF PHILADELPHIA


41 N.Y.2d 1087 (1977)

Justine S. Tannenbaum, Respondent, v. Provident Mutual Life Insurance Company of Philadelphia, Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided May 5, 1977.


Attorney(s) appearing for the Case

David R. Crow for appellant.

Bernard R. Selkowe for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur; Judge JASEN dissents and votes to reverse in a separate opinion.


MEMORANDUM.

We have concluded that there is sufficient evidence in the record for the jury to find that the defendant should be estopped from relying on the misstatements in the insured's application in order to void the policy. The defendant's agent misrepresented the comparative benefits and disadvantages of the policies and also failed to inform Guardian Insurance Company of the contemplated replacement of the existing...

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