Unionmutual Stock Life Insurance v. Kliever

Order and judgment, Supreme Court, New York County (Dontzin, J.), entered February 2 and February 11,1981, respectively, dismissing the complaint and severing the counterclaim, unanimously *806reversed, on the law, without costs, and the motion to dismiss the complaint is denied. This is an action by plaintiff insurance company to rescind a disability insurance policy issued on February 24,1978, providing for monthly disability benefits in the amount of $2,000, on the ground of a fraudulent misrepresentation in defendant’s application. The policy contained the standard incontestability clause:…