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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