Mutual Benefit Life Insurance v. Gruette

The defendant appeals from an order of the Superior Court {O’Neil, J.) approving the report of a Master {Mayland H. Morse, Jr., Esq.) which granted the plaintiffs petition for rescission of a disability insurance contract. We affirm.

On February 20, 1980, the defendant, David Gruette, and Gerald Gagne, a licensed agent of the New York Life Insurance Company, met to fill out an application for disability insurance from the plain*319tiff, Mutual Benefit Life Insurance Company (Mutual Benefit). Although Gagne was not an agent of Mutual Benefit, his investigations into the matter lead him to believe…