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OPARA v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY

441 Mass. 539 (2004)

JULIANA OPARA & another v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY & others.

Supreme Judicial Court of Massachusetts, Suffolk.

April 23, 2004.

Attorney(s) appearing for the Case

Richard J. Fallon for the plaintiffs.

Edward S. Rooney, Jr. (John A. O'Neil with him) for Massachusetts Mutual Life Insurance Company & another.

Jeffrey R. Martin for Peter Opara.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, & SOSMAN, JJ.

MARSHALL, C.J.

Nearly one century ago, this court determined that the requirements currently contained in G. L. c. 175, §§ 131 and 132 (3) — which essentially prevent insurers from denying coverage based on alleged misrepresentations in an application for life insurance unless that application was attached to the policy when issued — do not apply to applications to reinstate a lapsed life insurance...

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