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SALISBURY v. MONUMENTAL LIFE INS. CO.

No. Civ.A. 96-11925-PBS.

1 F.Supp.2d 97 (1998)

Frances SALISBURY, individually and in her capacity as Executrix of the Estate of Charles F. Salisbury, Plaintiff, v. MONUMENTAL LIFE INSURANCE COMPANY, Defendant.

United States District Court, D. Massachusetts.

April 6, 1998.

Attorney(s) appearing for the Case

Max Wistow, Mark H. Grimm, Wistow & Barylick Inc., Providence, RI, for Plaintiff.

Kenneth J. DeMoura, Burpee & DeMoura, Boston, MA, for Defendant.

MEMORANDUM OF DECISION AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

SARIS, District Judge.

The Plaintiff Frances Salisbury ("Salisbury") brought this action for the collection of benefits on a life insurance policy against the insurer, Defendant Monumental Life Insurance Company ("Monumental"). Monumental seeks to avoid payment on the policy because Mr. Salisbury failed to disclose material information about his past medical history of stroke which would...

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