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NORTH ATL. LIFE INS. CO. OF AM. v. ROTHMAN

151 A.D.2d 731 (1989)

North Atlantic Life Insurance Company of America, Respondent, v. Lenora Rothman, Individually and as Representative of The Estate of Harold Rothman, Deceased, Appellant

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

June 26, 1989

Ordered that the order is affirmed, with costs.

The record establishes that both the decedent and the defendant misrepresented the decedent's history of cigarette smoking on the application for insurance. The application dated July 9, 1984 indicated that the "[i]nsured has not smoked cigarettes in the past 12 mos". The application further provided that the proposed insured and the applicant represented that, to the best of their knowledge, all statements and answers...

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