John Hancock Mutual Life Insurance v. Lelonek

—In an action to rescind a disability insurance policy, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Douglass, J.), entered December 4, 1998, which dismissed the complaint and is in favor of the defendant and against it in the principal sum of $44,000 on his counterclaim.

Ordered that the judgment is affirmed, with costs.

The plaintiff insurance company issued the subject disability insurance policy to the defendant when it knew that the defendant already possessed a policy underwritten by the plaintiff. Together the policies exceeded the plaintiff’s limit for a…