MASS. LIFE INS. v. TATE


56 A.D.2d 173 (1977)

Massachusetts Mutual Life Insurance Company, Respondent, v. Robert E. Tate, Appellant

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

February 22, 1977


Attorney(s) appearing for the Case

Peter J. Byrnes for appellant.

Post, Hopkins & DeMott (David R. Crow of counsel), for respondent.

DAMIANI, RABIN and TITONE, JJ., concur with SHAPIRO, J.; HOPKINS, Acting P. J., dissents and votes to affirm the judgment, with an opinion.


SHAPIRO, J.

On February 1, 1972 plaintiff issued a $25,000 insurance policy on the life of Patricia B. Tate in which her husband, the defendant here, was named as beneficiary. She died of pneumonia 23 months later. When the defendant demanded payment under the policy, the plaintiff made an investigation in which it learned that Mrs. Tate, in her application for the policy, had omitted the name of a psychiatrist whom she had seen. It thereupon commenced...

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