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MASI v. EQUITABLE VARIABLE LIFE INS. CO.

178 A.D.2d 515 (1991)

Antonina Masi, Respondent, v. Equitable Variable Life Insurance Company, Appellant, et al., Defendant

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

December 16, 1991

Ordered that the order is affirmed, with costs.

In the latter part of 1988, the defendant Equitable Variable Life Insurance Company (hereinafter Equitable) issued a policy insuring the life of Andrew Masi. After he died in January 1989, Equitable elected to rescind the policy on the ground that a material misrepresentation had been made on his insurance application. Equitable issued a check to Masi's widow, the plaintiff Antonina Masi, which represented the premium...

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