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GUARDIAN LIFE INS. CO. OF AM., INC. v. SCHAEFER

70 N.Y.2d 888 (1987)

Guardian Life Insurance Company of America, Inc., Appellant, v. Merlin C. Schaefer, Respondent.

Court of Appeals of the State of New York.

Decided December 15, 1987.

Attorney(s) appearing for the Case

Robert D. Meade for appellant.

Michael B. Golden for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff, Guardian Life Ins. Co. of America (Guardian), contracted with defendant, Merlin Schaefer, on December 18, 1981 to sell him disability insurance. The policy was "back-dated" to expressly indicate that its "date of issue" was December 4, 1981. According to Guardian, such back-dating accorded with its customary practices and enabled...

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