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FIRST UNUM LIFE INSURANCE COMPANY v. GRAVANTE

43 A.D.3d 356 (2007)

841 N.Y.S.2d 81

FIRST UNUM LIFE INSURANCE COMPANY, Appellant, v. RICHARD S. GRAVANTE, Respondent.

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

Decided August 23, 2007.

Under Insurance Law § 3105, a misrepresentation in an application for insurance is defined as a false "statement as to past or present fact, made to the insurer ... at or before the making of the insurance contract as an inducement to the making thereof" (§ 3105 [a]). In the disability policy application at issue, there was no false statement as to past or present fact. Defendant simply stated the fact that he had an existing...

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