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NEW YORK LIFE INS. CO. v. JOHNSON

Civ. A. No. 89-3379.

731 F.Supp. 704 (1990)

NEW YORK LIFE INSURANCE CO. v. Lawrence JOHNSON.

United States District Court, E.D. Pennsylvania.

January 22, 1990.

Attorney(s) appearing for the Case

Kenneth R. Pina and Christopher M. Arfaa, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for plaintiff.

Wallace L. Walker, Philadelphia, Pa., for defendant.

BENCH OPINION1

LOUIS H. POLLAK, District Judge.

The case is a diversity case in which the plaintiff, New York Life Insurance Company ("New York Life" or "NYLIC"), seeks a declaratory judgment that the life insurance policy issued by it to the defendant's son, of which the defendant is the beneficiary, should be rescinded.

The claim of rescission is based on two alleged misrepresentations contained in the application for...

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