Appellate Division of the Supreme Court of New York, 1990

Berger v. United States Life Insurance

Berger v. United States Life Insurance
Appellate Division of the Supreme Court of New York · Decided February 5, 1990
158 A.D.2d 440; 551 N.Y.S.2d 831; 1990 N.Y. App. Div. LEXIS 1299
Berger v. United States Life Insurance

Opinion of the Court

The defendant has offered evidence raising questions of fact concerning possible material misrepresentations regarding the decedent’s health history made in the applications for the life insurance policies shortly before he died. Therefore, summary judgment was properly denied (see, Leamy v Berkshire Life Ins. Co., 39 NY2d 271; Simon v Government Employees Life Ins. Co., 79 AD2d 705; Wittner v IDS Ins. Co., 96 AD2d 1053). In addition, there is a question of fact as to whether the plaintiff and the decedent were indeed business partners as the plaintiff claims. Thompson, J. P., Lawrence, Eiber and Balletta, JJ., concur.

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