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ROBINSON v. PRUDENTIAL INSURANCE COMPANY OF AMERICA.

No. 00-P-374.

56 Mass. App. Ct. 244 (2002)

RUTH ROBINSON v. PRUDENTIAL INSURANCE COMPANY OF AMERICA & another.

Court of Appeals of Massachusetts, Middlesex.

October 11, 2002.

Attorney(s) appearing for the Case

David W. Krumsiek for the plaintiff.

Edward P. O'Leary for the defendants.

Present: BROWN, DREBEN, & DOERFER, JJ.

DREBEN, J.

This is an action by a widow against an insurer and its sales agent to recover death benefits under a life insurance policy issued to the widow's husband, Russell Robinson (Russell). The insurer, Prudential Insurance Company of America (Prudential), declined to pay the benefits, claiming that Russell had misrepresented the state of his health in applying for the policy. A judge of the Superior Court granted summary judgment for the defendants. Whether that...

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