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NEW ENGLAND MUT. LIFE INS. CO., INC. v. BAIG

No. CIV.A. 95-12747-GAO.

985 F.Supp. 11 (1997)

NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY, INC., Plaintiff, Defendant in the Counterclaim, v. Mirza W. BAIG, M.D., Defendant, Plaintiff in the Counterclaim.

United States District Court, D. Massachusetts.

October 31, 1997.

Attorney(s) appearing for the Case

Joseph M. Hamilton, Michael G. Donovan, Mirick, O'Connell, DeMallie & Lougee, Worcester, MA, for New England Mut. Life Ins. Co.

Robert R. Pierce, Thomas E. Kenney, Pierce & Mandell, Boston, MA, for Mirza W. Baig.

MEMORANDUM AND JUDGMENT

O'TOOLE, District Judge.

Alleging that defendant Mirza W. Baig, M.D. misrepresented his prior medical treatment when he applied for a disability insurance policy, the plaintiff New England Mutual Life Insurance Company, Inc. ("New England") seeks a declaration that the policy is void. Baig has counterclaimed for breach of contract, breach of the implied covenant of good faith and fair dealing, and violation of the state law...

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