ANESTHESIA v. GUARDIAN LIFE INS. CO. OF AM.


239 A.D.2d 248 (1997)

658 N.Y.S.2d 14

Unibell Anesthesia, P. C., Respondent, v. Guardian Life Insurance Company of America et al., Appellants

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

May 15, 1997


Plaintiff alleges, inter alia, that defendant insurer did not apprise it of the Medicare status of one of its former employees, and thereby induced it to mistakenly believe that, largely as the result of that employee's catastrophic illness, its incurred claims would continue to dramatically exceed its insurance premium, requiring continued rate increases and, due to its high risk factor, making it unlikely that it could procure coverage from another insurer. We agree...

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