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MASSACHUSETTS CAS. INS. CO. v. McCARTHY

186 A.D.2d 1085 (1992)

Massachusetts Casualty Insurance Co., Appellant, v. Thomas J. McCarthy, Respondent

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

October 7, 1992

Judgment unanimously affirmed with costs.

Memorandum:

Supreme Court properly granted summary judgment to defendant on his counterclaim to enforce a policy of disability insurance issued by plaintiff. Defendant's failure to reveal, in his application for the insurance, that he had visited physicians on two occasions for minor depression, once in 1981 and once in 1987, does not, as a matter of law, constitute a material...

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