MUT. BENEFIT LIFE INS. CO. v. SCHWARTZ


170 A.D.2d 359 (1991)

Mutual Benefit Life Insurance Company, Respondent, v. Diana K. Schwartz et al., Appellants

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

February 21, 1991


Plaintiff Mutual Benefit Life Insurance Company brought this action to rescind a $100,000 life insurance policy issued on the life of defendants' decedent, Paul Schwartz, in 1987. On May 11, 1988 Schwartz died of a massive myocardial infarction. A routine claim investigation in connection with his insurance application revealed that decedent denied he had ever been treated for "pain about the heart or chest" in November 1983. Decedent, however, was treated in 1983 for

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