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MONARCH LIFE INS. v. BROWN

125 A.D.2d 75 (1987)

Monarch Life Insurance Company, Appellant-Respondent, v. Alan R. Brown, Respondent-Appellant

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

February 26, 1987

Attorney(s) appearing for the Case

James J. Shaughnessy of counsel (James J. Markowski with him on the brief; Haythe & Curley, attorneys), for appellant-respondent.

Allen Jay Bodner for respondent-appellant.

SULLIVAN, J. P., CARRO and ELLERIN, JJ., concur.

ASCH, J.

On September 9, 1981, Monarch Life Insurance Company (Monarch) issued a disability insurance policy to Alan R. Brown providing a monthly disability income benefit of $1,500. On June 24, 1984, more than two years after the inception of the policy, Brown submitted an application for benefits to Monarch. It stated that he had suffered a heart attack on April 30, 1984, and that he was thus rendered totally...

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