Smith v. Monarch Life Insurance

OPINION OF THE COURT

Elizabeth W. Pine, J.

Defendant insurer moves, pursuant to CPLR 325 (subd [b]), for the removal to this court of a small claims action now pending in Rochester City Court.

In early 1976, plaintiff applied for health and accident coverage from defendant. A policy issued in March, 1976, effective April 1, 1976. Plaintiff submitted a claim for benefits under the policy in July, 1977. In November, 1977, defendant *1060denied plaintiffs claim on the ground of alleged material misrepresentations.

In November of 1977, based upon defendant’s denial of his application for benefits,…