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BURKE v. FIRST UNUM LIFE INS. CO.

No. 97 Civ. 1406(LAK).

975 F.Supp. 310 (1997)

Elizabeth BURKE, Plaintiff, v. FIRST UNUM LIFE INS. CO., Defendant.

United States District Court, S.D. New York.

August 26, 1997.

Attorney(s) appearing for the Case

Mark Scherzer, New York City, for Plaintiff.

Louis M. Lagalante, Lane & Mittendorf, New York City, for Defendant.

MEMORANDUM OPINION

KAPLAN, District Judge.

Misstatements and omissions in insurance applications are a frequent source of controversy. Insurance carriers often and understandably seek to avoid liability on policies which they would not have underwritten, or for which they would have charged more, had the applications fully and accurately disclosed all of the material facts. But the equities in such cases do not invariably lie only with the insurance carriers...

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