Gam v. Equitable Life Assurance Society of the United States

Defendants move for summary judgment dismissing the complaint. The action is based on a policy of life insurance. Defendant Bregman is not mentioned in the complaint. He is the agent who obtained the policy *725application and to whom it is claimed material information was orally vouchsafed thus negativing any material misrepresentation. Defendants claim the first premium was not paid while assured was in good health and there was material misrepresentation. There is no contest with respect to the availability of the defenses under the incontestability clause.

The policy was issued March 7, 1968.…