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JACOBS v. LIFE INS. CO. OF NORTH AMERICA

No. 87 Civ. 1633 (JES).

710 F.Supp. 521 (1989)

Morton S. JACOBS, Plaintiff, v. LIFE INSURANCE COMPANY OF NORTH AMERICA, Defendant.

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

April 14, 1989.

Attorney(s) appearing for the Case

Howard B. Arber, Hempstead, N.Y., for plaintiff.

Lane & Mittendorf, New York City, for defendant (William E. Kelly and John LoBosco, of counsel).

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge:

Plaintiff Dr. Morton S. Jacobs brings this action to recover disability benefits payable under an insurance policy issued by defendant Life Insurance Company of North America. Defendant has moved for summary judgment on the grounds that there has been an accord and satisfaction and that it was entitled to and did rescind the policy at issue due to plaintiff's material misrepresentation. For the reasons...

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