Legal Opinion

North Atlantic Life Insurance v. Rothman

Appellate Division of the Supreme Court of the State of New York

Decided June 26, 1989PublishedCited by 3 opinions

1Opinion of the Court

In an action to rescind a life insurance policy, the defendant appeals from an order of the Supreme Court, Nassau County (Robbins, J.), entered April 26, 1988, which (1) granted the plaintiff’s motion for summary judgment, (2) dismissed the defendant’s counterclaims and (3) denied defendant’s cross motion for leave to amend her answer.

Ordered that the order is affirmed, with costs.

The record establishes that both the decedent and the defendant misrepresented the decedent’s history of cigarette smoking on the application for insurance. The application dated July 9, 1984 indicated that the…

2Cases cited5 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  3. Fox v. Wyeth Laboratories, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
  4. Casey v. StateAppellate Division of the Supreme Court of the State of New York · 1986
  5. Shepherd v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by3 opinions

  1. New York Life Insurance Company v. Lawrence T. Johnson, Sr., of the Estate of Kirk Johnson Lawrence T. Johnson, Sr., in His Own RightCourt of Appeals for the Third Circuit · 1991
  2. New York Life Insurance v. JohnsonDistrict Court, E.D. Pennsylvania · 1990
  3. 282 Mountainview Drive LLC v. Norguard Insurance CompanyDistrict Court, S.D. New York · 2021

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