CHESTER v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK


290 A.D.2d 317 (2002)

736 N.Y.S.2d 355

JOY Z. CHESTER, Appellant, v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Respondent, et al., Defendant.

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

Decided January 17, 2002.


Plaintiff's decedent, the insured, an attorney, represented in his application to obtain life insurance from defendant, inter alia, that he had not been diagnosed with a tumor, had not had blood tests in the previous five years, had not had recent non-routine medical exams, and had not been advised to have surgery. Despite his twice agreeing that payment of the premium at a later date would necessarily be a representation that all answers given on his application would be...

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