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MUTUAL BENEFIT LIFE INS. CO. v. GRUETTE

No. 85-529

129 N.H. 317 (1987)

MUTUAL BENEFIT LIFE INSURANCE COMPANY v. DAVID A. GRUETTE

Supreme Court of New Hampshire.

May 28, 1987

Attorney(s) appearing for the Case

Sulloway, Hollis and Soden, of Concord (Jeffrey S. Cohen and Michael P. Lehman on the brief, and Mr. Cohen orally), for the plaintiff.

Clark, Cook and Molan, of Concord (Robert T. Clark on the brief and orally), for the defendant.

THAYER, J.

The defendant appeals from an order of the Superior Court (O'Neil, J.) approving the report of a Master (Mayland H. Morse, Jr., Esq.) which granted the plaintiff's petition for rescission of a disability insurance contract. We affirm.

On February 20, 1980, the defendant, David Gruette, and Gerald Gagne, a licensed agent of the New York Life Insurance Company, met to fill out an application for disability insurance from the plaintiff...

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