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(DOWNLOAD) "Process Plants Corp. v. Beneficial National Life Insurance Company" by Supreme Court of New York # eBook PDF Kindle ePub Free

Process Plants Corp. v. Beneficial National Life Insurance Company

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eBook details

  • Title: Process Plants Corp. v. Beneficial National Life Insurance Company
  • Author : Supreme Court of New York
  • Release Date : January 08, 1976
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 77 KB

Description

[53 A.D.2d 214 Page 215] On December 8, 1967, defendant Beneficial National Life Insurance Company (hereinafter Beneficial) issued a policy of insurance on the life of Guy Barbolini in the amount of $1,017,665 to plaintiff Process Plants Corp. (hereinafter Process) as owner and beneficiary: Barbolini was an employee and president of Process. He died on October 2, 1968 of a heart attack, less than one year after issuance of the policy and within its period of contestability. The record discloses that the insurance application cosigned by Barbolini and Process represented that his medical history was negative except for a hernia operation in 1926. Question 5 on part II of the application required Barbolini to disclose, among other matters, whether [to] the best of [his] knowledge, he had ever consulted a physician for chest pain, shortness of breath, palpitation, irregular pulse, elevated blood pressure, or any other disorder of the heart or blood vessels. Question 7 on part II similarly required Barbolini to disclose whether in the preceding five years he had [consulted], been examined by or treated by a physician * * * not previously mentioned, whether he [had] any EKG, chest x-ray, or other laboratory studies; whether he had any treatment or observation in a clinic, hospital or similar institution not previously mentioned. Aside from disclosing an EKG and checkup two years earlier and referring to the hernia operation, Mr. Barbolini [53 A.D.2d 214 Page 216]


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