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MASSACHUSETTS CAS. INS. CO. v. VANIDESTINE

Civ. No. 96-235-B.

980 F.Supp. 556 (1997)

MASSACHUSETTS CASUALTY INSURANCE COMPANY, Plaintiff, v. Thomas J. VANIDESTINE, Jr., Defendant.

United States District Court, D. Maine.

October 7, 1997.

Attorney(s) appearing for the Case

Robert C. Brooks, Verrill & Dana, Portland, ME, for Plaintiff.

Daniel J. Perry, Warren M. Silver, P.A., Bangor, ME, for Defendant.

ORDER AND MEMORANDUM OF DECISION

BRODY, District Judge.

Plaintiff, Massachusetts Casualty Insurance Company ("MCIC"), brings this action for a declaratory judgment absolving it of its obligation to pay benefits pursuant to a disability income insurance policy ("the policy") issued to Defendant, Thomas J. Vanidestine, Jr. ("Vanidestine"). Plaintiff contends that Defendant misrepresented a pre-existing medical condition in his policy application, and that...

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