Gibbons v. John Hancock Mutual Life Insurance

Judgment unanimously reversed on the law without costs, motion denied, complaint reinstated and cross motion denied. Memorandum: Supreme Court erred in granting defendant’s motion for summary judgment dismissing the complaint in which plaintiff sought to recover the proceeds of a group credit life insurance policy issued by the John Hancock Mutual Life Insurance Co. (defendant). Within two years prior to his death, plaintiff’s husband, Paul Gibbons (decedent), completed an application for group mortgage life insurance coverage underwritten by defendant. On that application, decedent disclosed…