AM. GEN. LIFE INS. CO. OF NEW YORK v. DOS SANTOS


91 A.D.2d 881 (1983)

American General Life Insurance Company of New York, Appellant, v. Diane Dos Santos, Respondent

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

January 4, 1983


An issue of fact is presented as to the materiality of the misrepresentation attributed to the defendant in her application for a disability benefit insurance policy. Although it appears that defendant had sustained substantial injuries more than a year before in an accident not disclosed in her application, we are not persuaded that plaintiff's conclusory allegations suffice to establish as a matter of law that "knowledge by the insurer of the facts misrepresented would...

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