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Mehta v. New York Life Insurance Company

Appellate Division of the Supreme Court of New York, First Department
Apr 5, 1994
203 A.D.2d 8 (N.Y. App. Div. 1994)

Opinion

April 5, 1994

Appeal from the Supreme Court, New York County (Seymour Schwartz, J.).


It is undisputed that the insured decedent misrepresented that his driver's license had not been suspended or revoked within two years prior to his application for life insurance. In fact, less than a year earlier, his driver's license had been suspended for 90 days on the ground that he had violated Vehicle and Traffic Law § 1192 (1), which prohibits driving while the ability to drive is impaired by the consumption of alcohol. The misrepresentation was material within the meaning of Insurance Law § 3105, and induced action that the insurer might otherwise not have taken (see, Aguilar v United States Life Ins. Co., 162 A.D.2d 209, 210-211). The insurer submitted detailed affidavit evidence from two of its career-track employees, backed with the relevant internal document from its underwriting department and the relevant portion of its underwriting manual. This evidence adequately illustrated defendant's relevant underwriting practices (cf., Alaz Sportswear v Public Serv. Mut. Ins. Co., 195 A.D.2d 357), and established that the insured's true driving record would have necessitated a higher premium (see, Designcraft Jewel Indus. v St. Paul Fire Mar. Ins. Co., 59 A.D.2d 857, affd 46 N.Y.2d 796).

Concur — Carro, J.P., Ellerin, Kupferman and Ross, JJ.


Summaries of

Mehta v. New York Life Insurance Company

Appellate Division of the Supreme Court of New York, First Department
Apr 5, 1994
203 A.D.2d 8 (N.Y. App. Div. 1994)
Case details for

Mehta v. New York Life Insurance Company

Case Details

Full title:BOBBY MEHTA, as Attorney-in-Fact for MOHINDER KAUR, Appellant, v. NEW YORK…

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

Date published: Apr 5, 1994

Citations

203 A.D.2d 8 (N.Y. App. Div. 1994)
610 N.Y.S.2d 17

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