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BERGER v. UNITED STATES LIFE INS. CO. IN THE CITY OF NEW YORK

158 A.D.2d 440 (1990)

Joel M. Berger, Appellant, v. United States Life Insurance Company in the City of New York, Respondent

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

February 5, 1990

Ordered that the order is affirmed, with costs.

The defendant has offered evidence raising questions of fact concerning possible material misrepresentations regarding the decedent's health history made in the applications for the life insurance policies shortly before he died. Therefore, summary judgment was properly denied (see, Leamy v Berkshire Life Ins. Co., 39 N.Y.2d 271; Simon v Government Employees Life Ins...

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