New England Mutual Life Insurance v. Johnson
New York Supreme Court
1Opinion of the Court
OPINION OF THE COURT
Ira Gammerman, J.
Plaintiff, New England Mutual Life Insurance Company, brings this rescission action against defendant, Jeffrey F. Duke (Duke), substituted for by William L. Johnson, as executor of the estate of Jeffrey F. Duke, seeking to rescind a life insurance policy. Plaintiff claims Duke materially misrepresented his relationship with his beneficiary and that such misrepresentation constitutes grounds for rescission.
Defendants counterclaim, seeking attorneys’ fees expended in defending the declaratory judgment action. Defendants also claim that plaintiff’s attempted…
2Cases cited9 opinions
- Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
- Doyle v. Allstate InsuranceNew York Court of Appeals · 1956
- Sukup v. State of New YorkNew York Court of Appeals · 1967
- Process Plants Corp. v. Beneficial National Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1976
- U.S. Liability Insurance v. Staten Island HospitalAppellate Division of the Supreme Court of the State of New York · 1990
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3Cited by2 opinions
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