00-CV-2400 (ILG). March 1, 2002 Michelle J. d'Arcambal, Esq., Morgan d'Arcambal, New York, New York. Michael J. Burke, Esq., Matarazzo Blumberg Associates, P.C., New York, New York. Norman R. Ferren, Esq., Babchick Young, White Plains, New York. MEMORANDUM AND ORDER GLASSER, United States District Judge: SUMMARY Plaintiff New England Life Insurance Company ("New England") brings this diversity action seeking rescission of a life insurance policy it issued to decedent, Raymond DelPrete ("DelPrete")

February 16, 2005. Ryan, J. Insurance — Representations by Insured. Insurance Law — § 3105 (a) (Insurance contracts; representations by insured).

July 9, 1992 Appeal from the Supreme Court, Warren County (Dier, J.). Levine, J. Plaintiff is the beneficiary of a life insurance contract in which defendant Troy Savings Bank agreed to pay the sum of $75,000 upon the death of decedent. Within two years of the issuance of the policy, decedent died and plaintiff thereafter made a claim for the life insurance policy proceeds. When that claim was rejected, plaintiff commenced this action against defendants alleging breach of contract. In their amended

May 25, 1976 Upon restoration of the instant appeal to the calendar, upon request of counsel, the order of Supreme Court, Bronx County, entered December 13, 1974, granting plaintiff's motion for discovery and inspection of certain insurance policies, is unanimously affirmed. Respondent shall recover of appellant $40 costs and disbursements of this appeal. We construe the order appealed from, consonant with our prior determination hereon (see Rodolitz v Beneficial Nat. Life Ins. Co., 41 A.D.2d 707)

October 23, 1969 Order entered January 9, 1969, and order entered February 24, 1969, unanimously modified on the law, the facts and in the exercise of discretion, without costs or disbursements, so as to direct examination before trial of defendant-appellant, but in a manner conforming with the following provisions: The examination of the Chief Medical Director of the defendant is permitted, or of a knowledgeable assistant, as to the practice of the insurer with respect to the acceptance or rejection

March 18, 1963 In an action brought by the beneficiary named in a life insurance policy to recover the principal sum payable thereunder upon the death of the insured, defendant appeals from a judgment of the Supreme Court, Nassau County, entered February 20, 1962 after a jury trial, upon a verdict directed by the court in favor of plaintiff, for $18,935.25 — which includes the amount of the policy, interest and costs. Judgment reversed on the law and a new trial granted, with costs to defendant to

October 2, 1961 In an action by an insurer for a judgment declaring null and void a policy of automobile liability insurance issued by it to the defendant Susanna M. Smith, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County, entered December 22, 1960, as grants the motion of the defendants Wallack and Smith for a discovery of the following records: (b) plaintiff's "copies of all policies of automobile liability insurance issued by the plaintiff