SCOTT v. AM. GEN. LIFE INS. CO. OF NEW YORK


238 A.D.2d 126 (1997)

655 N.Y.S.2d 502

Ricky Scott, as Beneficiary Under a Life Insurance Policy Insuring the Life of Salone Scott, Appellant, v. American General Life Insurance Company of New York, Respondent

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

April 1, 1997


Plaintiff argues that any issues of fact as to whether the insured's health had been misrepresented would not preclude summary judgment in his favor if the two-year incontestability period had lapsed, that the IAS Court erred in holding that the incontestability period had not lapsed, and that it should be found, as a matter of law, that the period did lapse. We agree with plaintiff that the IAS Court erred in finding, as a matter of law, that the insured died within the...

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