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UNIBELL ANESTHESIA, P.C. v. GUARDIAN LIFE INSURANCE COMPANY OF AMERICA

256 A.D.2d 252 (1998)

682 N.Y.S.2d 193

UNIBELL ANESTHESIA, P. C., Respondent, v. GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, Appellant.

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

Decided December 29, 1998.

The jury's finding in plaintiff's favor on its causes of action for constructive fraud, negligent misrepresentation, unjust enrichment and violation of Insurance Law § 4226 was amply supported by the evidence showing that misrepresentations and omissions by defendant insurance company had induced plaintiff to pay exorbitant premiums for its group health coverage for policy years 1991 and 1992. The proof also supported the...

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