Bankers Security Life Insurance Society v. Hayden

The plaintiff insurance company moves for summary judgment pursuant to CPLR 3212 to rescind a contract of disability insurance alleging that it was procured by means of material misrepresentations. The defendant insured counterclaimed for disability benefits under the contract in the sum of $8,400 together with any additional sums that may be found due at the time of the trial of the action.

The rescission action was instituted in the Supreme Court, New York County, in July, 1971. It was assigned to an individual Calendar Part where various pretrial motions were made and determined. While…