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JOHN HANCOCK MUTUAL LIFE INS. CO. v. GREER

Docket No. A078353.

60 Cal.App.4th 877 (1998)

JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, Plaintiff and Appellant, v. BENJAMIN J. GREER, Defendant and Respondent.

Court of Appeals of California, First District, Division Two.

January 9, 1998.

Attorney(s) appearing for the Case

COUNSEL

Kelly & Herlihy, Thomas M. Herlihy, Laura E. Fannon and Sean P. Nalty for Plaintiff and Appellant.

Patton, Wolan & Boxer, Steven C. Wolan and Robert D. Reiter for Defendant and Respondent.

OPINION

RUVOLO, J. —

I. INTRODUCTION

Appellant John Hancock Mutual Life Insurance Co. (Hancock) appeals after the trial court sustained a demurrer to its complaint against its insured, respondent Benjamin J. Greer, M.D. (Greer). Hancock's complaint seeks rescission of its disability insurance policy issued to Greer six years earlier because of alleged material misrepresentations made by him in his application for...

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