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MASSACHUSETTS MUT. LIFE INS. CO. v. FRAIDOWITZ

No. 05-1578.

443 F.3d 128 (2006)

MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, Plaintiff, Appellee, v. Martin A. FRAIDOWITZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 4, 2006.

Attorney(s) appearing for the Case

Joel M. Sowalsky with whom Smith, Segel & Sowalsky was on brief, for appellant.

Edward J. McDonough, Jr., with whom David G. Cohen, Katherine A. Day, and Egan, Flanagan and Cohen, P.C. were on brief, for appellee.

Before SELYA, LIPEZ, and HOWARD, Circuit Judges.

HOWARD, Circuit Judge.

This is an appeal from a summary judgment ruling holding that Massachusetts Mutual Life Insurance Company (Mass.Mutual) is not required to pay benefits to Martin Fraidowitz for additional disability coverage that Fraidowitz purchased pursuant to the terms of a pre-existing disability policy. The district court concluded that Fraidowitz made a misrepresentation in applying for the additional coverage...

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