New York Life Insurance v. Palmer

In an action for judgment declaring that coverage of the defendant’s spouse under a group health insurance policy was properly rescinded, the defendant appeals from an order of the Supreme Court, Westchester County (Donovan, J.), entered May 5, 1989, which granted the plaintiff’s motion for summary judgment.

Ordered that the order is affirmed, with costs.

The defendant, in his application for health insurance under a group policy issued to his employer, falsely answered specific questions about his wife on a health statement which was an integral part of the application. He failed to disclose…