Smith v. Pruco Life Ins. Co. of N.J., No. 12-3071 (2d Cir. 2013)
Annotate this CasePlaintiff sought to recover benefits as the beneficiary of a term life insurance policy upon the death of the insured. The district court entered judgment in favor of the insurance company, holding that it was entitled to rescind the policy because of a material misrepresentation made by the insured in securing the policy, and that plaintiff was therefore not entitled to a benefit. The court affirmed the judgment where plaintiff conceded that the insurance application contained information the insured knew to be untrue when the policy was delivered - that he had Stage IV colon cancer - and where the insurance company would not have issued the policy had the information been correct.
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