MULLEN v. INDEPENDENCE SAVINGS BANK


267 A.D.2d 169 (1999)

700 N.Y.S.2d 447

JAMES MULLEN, as Administrator of the Estate of PATRICK J. MULLEN, Deceased, Respondent, v. INDEPENDENCE SAVINGS BANK et al., Appellants.

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

Decided December 28, 1999.


The motion court erred in denying the insurers summary judgment in this action to collect on a life insurance policy brought by the estate of the insured's husband. Summary judgment was sought, in separate motions, on the grounds that the insured, in applying for the policy, made material misrepresentations as to her history of substance abuse and as to her use of tobacco, respectively.

The record shows that the insurers...

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