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AXA EQUIT. LIFE INS. CO. v. SARA DOBNER 2005 LECHAIM IRREVOCABLE LIFE INS. TRUST

6539, 600635/10.

161 A.D.3d 511 (2018)

76 N.Y.S.3d 169

2018 NY Slip Op 03460

AXA Equitable Life Insurance Company, Respondent, v. Sara Dobner 2005 Lechaim Irrevocable Life Insurance Trust et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 10, 2018.

Plaintiff established prima facie that the financial representations on the application by the settlor of defendant trust (Mrs. Dobner) for life insurance were false and material (see Insurance Law § 3105; Kroski v Long Is. Sav. Bank, 261 A.D.2d 136, 137 [1st Dept 1999]). Mrs. Dobner's son testified that his mother's net worth was "substantially less than" $12 million, that his parents had no interest in real estate partnerships...

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