PHOENIX MUT. LIFE INS. CO. v. CERVERA

No. 79 C 2536.

524 F.Supp. 70 (1981)

PHOENIX MUTUAL LIFE INSURANCE CO., Plaintiff, v. Nellie CERVERA, Defendant.

United States District Court, E. D. New York.

October 2, 1981.


Attorney(s) appearing for the Case

Townley & Updike by Richard R. Lutz, New York City, for plaintiff.

Reuss, Ruchala & Handler by Frederick M. Reuss, Jr., Garden City, N. Y., for defendant.


MEMORANDUM AND ORDER

NEAHER, District Judge.

Plaintiff insurer ("Phoenix") commenced this diversity action to obtain rescission of insurance coverage on the life of defendant beneficiary's deceased husband, Archimedes Cervera. The coverage was part of a group policy Phoenix had issued, which provided life and accidental death and dismemberment insurance coverage to employees of certain members of the Manufacturers Industry Group Fund. In September 1977 the...

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