Mahaney v. John Hancock Mutual Life Insurance

We affirm the *920judgment entered herein although we do so on a basis different from that adopted by the trial judge. 1. The plaintiffs cannot prevail on a theory of common law deceit because, despite the judge’s conclusion to the contrary (which we disregard as being clearly erroneous), Mahaney was not justified in relying on Camarota’s representations as to the estimated retirement benefits available to Mahaney under the insurance policy upon his attaining the age of fifty-five, those representations, in the circumstances of this case, having been "preposterous or palpably false.” Yorke v.…