Ordered that the order is affirmed insofar as appealed from, with costs.
On July 19, 1996, the plaintiff submitted an application to the defendant for a disability insurance policy in which he failed to disclose that he was previously diagnosed with and treated for Parkinson's disease. The defendant issued to the plaintiff a disability insurance policy dated August 13, 1996. The policy contained a fraudulent misstatements provision under a clause entitled "Incontestable...
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