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SCHONDORF v. SMA LIFE ASSUR. CO.

September 5, 1990

MINNA SCHONDORF, PLAINTIFF,
v.
SMA LIFE ASSURANCE COMPANY, DEFENDANT.



The opinion of the court was delivered by: Spatt, District Judge.

MEMORANDUM DECISION AND ORDER

FACTUAL BACKGROUND

The material facts of this action are undisputed, except where otherwise indicated, and are summarized below as follows.

On March 14, 1985, Laser Schondorf ("Insured"), filed a written application for a life insurance policy in the amount of $100,000 with the defendant SMA Life Assurance Company ("SMA"). On March 18, 1985, Dr. R.S. Salisbury examined the Insured, and asked him to answer the questions contained in Part II of the application. In completing Part II of the application, the Insured stated that all statements were "complete, true and correctly recorded." The Insured made the following responses (indicated in brackets), to the questions contained in Part II concerning the Insured's past medical and family history:

  3. a. Name of personal physician: [Dr. Irving
  Chitman].
    b. Address [1225 48th Street, Brooklyn, New
  York].

c. Date and reason last consulted? [3/84. Cold].

4. When did you last consult any physician?

a. Name

b. Address [# 3 Above].

c. Reason

  5. During the past ten years have you ever had,
  been told you had, or been treated for:
    a. Chest pain, angina, heart attack, heart
  murmur, high blood pressure, rheumatic fever, or
  any other disorder of the heart or blood vessels?
  [No].
    e. Peptic ulcer, recurring indigestion, vomiting
  of blood, bloody stools, colitis, hepatitis,
  cirrhosis, jaundice, or other disorder of the
  stomach, intestine, liver, gall bladder or
  pancreas? [No].
    f. Sugar, albumin, blood or pus in urine;
  nephritis, venereal disease; stone or other
  disorder of kidney, bladder, prostate, or
  reproductive organs? [No].
    k. Hernia, varicose veins, hemorrhoids, rectal
  disorder? [Yes].

6. During the past five years have you:

    a. Had a checkup, illness, injury, or surgery?
  [Yes].
    b. Been a patient or outpatient in a hospital or
  other medical facility? [Yes].
    c. Had electrocardiogram, x-ray, or other
  diagnostic tests? [Yes].

d. Had a periodic health examination? [No].

  7. Are you now under treatment, observation, or
  taking any medication? [No].

8. During the past ten years have you:

    a. Been advised to have a test or surgery which
  was not done? [No].
    b. Been treated or received counselling for
  alcohol or drug use? [No].
    c. Requested or received benefits, or payment
  because of an injury, sickness, or disability?
  [No].
    d. Changed occupation or residence because of
  health? [No].
    e. Had insurance declined, rated or modified?
  [No].
  10. Do you engage in a scheduled exercise program?
  (If `Yes', give details-type, ...

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