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TORRES v. FIDELITY & GUARANTY LIFE INS. CO.

No. 92-P-468.

34 Mass. App. Ct. 376 (1993)

611 N.E.2d 733

BRUNILDA TORRES vs. FIDELITY AND GUARANTY LIFE INSURANCE COMPANY.

Appeals Court of Massachusetts, Hampshire.

April 26, 1993.

Attorney(s) appearing for the Case

James F. Martin for the defendant.

Thomas P. Vincent for the plaintiff.

Present: DREBEN, SMITH, & GILLERMAN, JJ.

DREBEN, J.

This case involves the interrelationship between §§ 124 and 186 of G.L.c. 175. More particularly, the question before us is whether a life insurance policy, issued without previous medical examination, is defeated by a misrepresentation which increases the risk of loss to the insurer but is not found to be wilfully false, fraudulent, or misleading. A judge of the Superior Court held that the life insurance policy issued to the plaintiff's husband...

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