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NEW ENGLAND MUT. LIFE INS. CO. v. MARKMAN

No. 86 Civ. 1583 (KTD).

652 F.Supp. 1097 (1987)

NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY, Plaintiff, v. Barbara Ann MARKMAN, Defendant.

United States District Court, S.D. New York.

January 16, 1987.

Attorney(s) appearing for the Case

Smith & Laquercia, P.C., New York City, for plaintiff; Thomas Michael Laquercia, Charles J. Jannace, III, of counsel.

Hoffman, Silverberg & Wachtell, New City, for defendant; Lee A. Hoffman, of counsel.

MEMORANDUM & ORDER

KEVIN THOMAS DUFFY, District Judge:

Plaintiff, New England Mutual Life Insurance Company ("New England"), brings this diversity action to rescind the disability insurance policy issued by it to the defendant, Barbara Ann Markman ("Markman"). New England moves for summary judgment on the ground that material misrepresentations made by Markman in the policy application warrant rescission of the policy. Markman denies any misrepresentations...

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