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JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY v. BANERJI

No. 01-P-722.

62 Mass. App. Ct. 906 (2004)

JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY & another v. JULIAN BANERJI.

Appeals Court of Massachusetts.

October 6, 2004.

Attorney(s) appearing for the Case

Robert J. Gilbert (Jeffrey B. Renton with him) for the defendant.

Edward S. Rooney, Jr., for the plaintiffs.

RESCRIPT OPINION.

John Hancock Mutual Life Insurance Company sought a judgment against its insured, Julian Banerji, declaring that it did not have to pay him future earnings protection (FEP) benefits under his disability policy because he had made a material misrepresentation in his application for those benefits. After a bench trial, a Superior Court judge concluded that Hancock violated the policy by refusing to pay Banerji the FEP benefits, and ordered Hancock...

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