MEHTA v. NEW YORK LIFE INS. CO.


203 A.D.2d 8 (1994)

610 N.Y.S.2d 17

Bobby Mehta, as Attorney-in-Fact for Mohinder Kaur, Appellant, v. New York Life Insurance Company, Respondent

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

April 5, 1994


It is undisputed that the insured decedent misrepresented that his driver's license had not been suspended or revoked within two years prior to his application for life insurance. In fact, less than a year earlier, his driver's license had been suspended for 90 days on the ground that he had violated Vehicle and Traffic Law § 1192 (1), which prohibits driving while the ability to drive is impaired by the consumption of alcohol. The misrepresentation was material within...

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