RAFFAELE v. UNITED STATES LIFE INSURANCE COMPANY


266 A.D.2d 100 (1999)

698 N.Y.S.2d 653

SHELLY RAFFAELE, Appellant, v. UNITED STATES LIFE INSURANCE COMPANY, Respondent.

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

Decided November 18, 1999.


An issue of fact exists as to whether the decedent's application for life insurance, submitted four months before his death, misrepresented that he never "used cocaine, barbiturates, amphetamines or any other drug which might cause a dependency, other than as prescribed by a licensed physician". Such issue is raised by statements in the autopsy report and death certificate that the decedent had a history of "[a]cute and chronic substance abuse" and that the cause of death...

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