Klanian v. New York Life Insurance

After our opinion was filed in the above case, the defendant requested permission to file a motion for reargument, which was granted. It urges in support of its motion that: (1) Certain additional authorities not discussed in the briefs strongly support its contention that the incontestability clause in the policy does not prevent a defense based upon misrepresentations in the application, where such a defense is confined to an action for disability benefits; and (2) that the authorities on the question of rescission by mutual consent do not require an actual meeting of the minds, and that a…