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PROTECTIVE LIFE INSURANCE COMPANY v. SULLIVAN

425 Mass. 615 (1997)

PROTECTIVE LIFE INSURANCE COMPANY v. DENNIS J. SULLIVAN & others.

Supreme Judicial Court of Massachusetts, Suffolk.

July 29, 1997.

Attorney(s) appearing for the Case

Luke DeGrand of Illinois (Wayne S. Henderson with him) for Dignity Viatical Settlement Partners, L.P., & another.

John A. Shope (John H. Henn with him) for the plaintiff.

The following submitted briefs for amici curiae:

Elliott M. Kroll, Mark S. Fragner, & Lori M. Meyers of New York, for the Cancer Care, Inc., & others.

Bennett H. Klein & Gary Busek for the AIDS Law Project of Gay & Lesbian Advocates and Defenders & others.

Rita M. Theisen & Phillip E. Stano of the District of Columbia, for the American Council of Life Insurance.

Daniel R. Judson & Daniel L. Swift, Special Assistant Attorneys General, for the Commissioner of Insurance.

Present: WILKINS, C.J., LYNCH, O'CONNOR, FRIED, & MARSHALL, JJ.

MARSHALL, J.

Protective Life Insurance Company (Protective Life) commenced the underlying action in the United States District Court for the District of Massachusetts seeking rescission of a life insurance policy issued by it to the defendant Dennis J. Sullivan, a resident of Massachusetts. Protective Life claimed that Sullivan obtained the policy through fraudulent misrepresentation. The policy form, which had been approved by the Commissioner of Insurance (commissioner...

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