Anesthesia v. Guardian Life Insurance

Order, Supreme Court, New York County (Lewis Friedman, J.), entered January 16, 1997, which denied defendants’ respective motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff alleges, inter alia, that defendant insurer did not apprise it of the Medicare status of one of its former employees, and thereby induced it to mistakenly believe that, largely as the result of that employee’s catastrophic illness, its incurred claims would continue to dramatically exceed its insurance premium, requiring continued rate increases and, due to its high risk…