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UNIONMUTUAL STOCK LIFE INS. CO. OF NEW YORK v. KLIEVER

83 A.D.2d 805 (1981)

Unionmutual Stock Life Insurance Co. of New York, Appellant, v. John H. Kliever, Respondent

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

August 6, 1981

This is an action by plaintiff insurance company to rescind a disability insurance policy issued on February 24, 1978, providing for monthly disability benefits in the amount of $2,000, on the ground of a fraudulent misrepresentation in defendant's application. The policy contained the standard incontestability clause: "After this policy has been in force for a period of two years during the lifetime of the Insured, it shall become...

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