TUMINELLI v. FIRST UNUM LIFE INS. CO.


232 A.D.2d 547 (1996)

648 N.Y.S.2d 967

Lawrence C. Tuminelli, Appellant, v. First Unum Life Insurance Company, Respondent

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

October 21, 1996


Ordered that the order is reversed, on the law, with costs, the fourth affirmative defense and first counterclaim is dismissed, and the plaintiff's motion for summary judgment on the second cause of action is granted.

The defendant was required to demonstrate that it would have rejected the plaintiff's application for disability insurance had it known that he had an active case of hepatitis A. To meet this burden, the defendant was required to adduce proof as to its...

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