American Franklin Life Insurance v. Galati

MEMORANDUM

LOUIS H. POLLAK, District Judge.

This action arises out of a contract for disability income insurance between plaintiff American Franklin Life Insurance Company (“American Franklin”) and defendant Ronald L. Galati. American Franklin seeks a declaratory judgment declaring that it has the right to rescind the policy for which Galati contracted, a policy that American Franklin claims it entered on the basis of material false statements by Gala-ti. American Franklin also seeks restitution of the approximately $43,000 that it has paid to Galati in the form of benefits under the policy.…