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MUTUAL BEN. LIFE INS. CO. v. MORLEY

No. 88 Civ. 6315 (KC).

722 F.Supp. 1048 (1989)

MUTUAL BENEFIT LIFE INSURANCE COMPANY, Plaintiff, v. Thomas J. MORLEY, Jr., as guardian of the person and property of Richard L. Morley, an infant, and as Administrator of the Estate of Theresa J. Morley, Defendants.

United States District Court, S.D. New York.

October 4, 1989.

Attorney(s) appearing for the Case

Christopher R. Belmonte and Louis M. Lagalante, Lane & Mittendorf, New York City, for plaintiff.

Marino D'Orazio and John Basso, Moran, Spiegel, Pergament, Brown & Basso, New York City, for defendants.

OPINION AND ORDER

CONBOY, District Judge:

Plaintiff Mutual Benefit Life Insurance Company ("Mutual Benefit") brings this diversity action to rescind the life insurance policy it issued to the decedent, Theresa J. Morley. (Unless otherwise indicated the name Morley refers to Theresa J. Morley.) Mutual Benefit moves for summary judgment on the ground that Morley made material misrepresentations on her application for the policy. Defendant Thomas J. Morley...

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