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Fernandez v. Windsor Life Insurance

52 A.D.2d 589, 382 N.Y.S.2d 120, 1976 N.Y. App. Div. LEXIS 12191
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 12, 1976
StatusPublished
Cited by5 cases

This text of 52 A.D.2d 589 (Fernandez v. Windsor Life Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fernandez v. Windsor Life Insurance, 52 A.D.2d 589, 382 N.Y.S.2d 120, 1976 N.Y. App. Div. LEXIS 12191 (N.Y. Ct. App. 1976).

Opinion

In an action on a policy of life insurance, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered October 17, 1975, which, after a nonjury trial, inter alia, dismissed the complaint and ordered the refund of all premiums paid. Judgment affirmed, with costs. The record is abundantly clear that the applicant omitted disclosure of a series of treatments up to the date of his application with respect to a coronary heart condition. Such failure to divulge constituted a material misrepresentation under section 149 of the Insurance Law. Hopkins, Acting P. J., Martuscello, Latham, Shapiro and Hawkins, JJ., concur. [83 Misc 2d 301.]

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Bluebook (online)
52 A.D.2d 589, 382 N.Y.S.2d 120, 1976 N.Y. App. Div. LEXIS 12191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fernandez-v-windsor-life-insurance-nyappdiv-1976.