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KIRKPATRICK v. STATE FARM FIRE & CAS. CO.

255 A.D.2d 363 (1998)

679 N.Y.S.2d 688

Judith Kirkpatrick, Respondent, v. State Farm Fire & Casualty Company, Appellant

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

November 9, 1998

Ordered that the orders are affirmed, with one bill of costs.

The defendant contends that an insurance policy it issued to the plaintiff was void due to misrepresentations and false statements made by the plaintiff on the insurance application and at her examination under oath, respectively. However, with regard to the insurance application, the defendant has failed to demonstrate that, as a matter of law, the misinformation...

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