McHugh v. Guardian Life Insurance Co. of America

—Judgment unanimously affirmed without costs. Memorandum: Plaintiff commenced this action to recover the proceeds of a disability insurance policy issued by The Guardian Life Insurance Company of America (defendant), and defendant counterclaimed for judgment declaring the policy to be rescinded. Defendant disclaimed coverage on the ground that plaintiff made material misrepresentations concerning the duties of his job and his medical history in his application for insurance. Plaintiff alleged that he submitted a *1017signed application for insurance, dated August 26, 1994, to defendant. The…