NEW ENGLAND MUT. LIFE INS. CO. v. DOE


249 A.D.2d 285 (1998)

671 N.Y.S.2d 280

New England Mutual Life Insurance Company, Appellant, v. John Doe, Respondent

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

April 6, 1998


Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Rockland County, for entry of a judgment declaring that the plaintiff is obligated to pay benefits to the defendant under the subject insurance policy.

The Supreme Court properly found that the "Incontestability" clause of the subject policy and Insurance Law § 3216 (d) (1) (B) (ii) preclude the plaintiff from denying benefits to the defendant (see, Monarch...

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