BERKSHIRE LIFE INS. CO. v. FERNANDEZ


71 N.Y.2d 874 (1988)

Berkshire Life Insurance Company, Respondent, v. Charles A. Fernandez, Defendant, and Mary A. Fernandez, as Temporary Administratrix of The Estate of Charles A. Fernandez, Appellant.

Court of Appeals of the State of New York.

Decided March 31, 1988.


Attorney(s) appearing for the Case

Valerie Pulver for appellant.

William E. Kelly and Nora V. Granito for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA concur in memorandum; Judge TITONE taking no part.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

In this action, plaintiff insurance company seeks to rescind a life insurance policy on the ground that, in the application for the policy, the insured made material misrepresentations concerning his health. The question presented by this appeal, which challenges the lower courts...

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