Legawiec v. North American Company for Life & Health Insurance

Scudder, EJ, and Centra, J. (dissenting in part).

We respectfully dissent in part and would affirm the order of Supreme Court that, inter alia, granted the motion of defendant for summary judgment dismissing the amended complaint. In our view, defendant met its burden of establishing as a matter of law that decedent misrepresented a material fact on his application for his life insurance policy (see generally Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). “An insured cannot remain silent while cognizant that his insurance application contains misleading or incorrect information”…