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JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY v. BANERJI

447 Mass. 875 (2006)

JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY & another v. JULIAN BANERJI.

Supreme Judicial Court of Massachusetts, Suffolk.

December 13, 2006.

Attorney(s) appearing for the Case

Robert J. Gilbert (Jeffrey B. Renton with him) for the defendant.

Edward S. Rooney, Jr., for the plaintiffs.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, & CORDY, JJ.

MARSHALL, C.J.

We are asked in this case to consider the scope of G. L. c. 175, § 108 (5) (a),2 which prohibits an insurer from rescinding a "policy of accident and sickness insurance,"3 because of a statement made by an insured in his application for an insurance policy unless the application is attached to or endorsed on the policy when issued. Cf. ...

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