GORRA v. NEW YORK LIFE INSURANCE COMPANY


276 A.D.2d 469 (2000)

714 N.Y.S.2d 85

JAMES A. GORRA, Respondent, v. NEW YORK LIFE INSURANCE COMPANY, Appellant.

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

Decided October 2, 2000.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff was the beneficiary of a life insurance policy issued to his father (hereinafter the insured) by the defendant. On the policy applications, dated November 8, 1984, and November 15, 1984, the insured failed to disclose his prior hospitalization from September 12, 1984, through September 21, 1984, as well as his hemoptysis (coughing of blood...

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