Majority
p. 589Maria T. Fernandez, Individually, and as Administratrix of the Estate of Rosendo Fernandez, Deceased, Appellant, v Windsor Life Insurance Company of America, Respondent.
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 .]
Cases cited
- Fernandez v. Windsor Life Insurance Co. of America 83 Misc 2d 301 p. 589