UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF 

PENNSYLVANIA 

CIVIL ACTION, FILE NUMBER 02 - 2762 

New England Life Insurance Company ) 

501 Boyston Street ) 

Boston MA 02116 

Plaintiff ) 

v. ) 

Anthony J. DiMartino ) 

35 Carter Road ) 

Thornton PA 19373 ) 

Defendant ) 

ANSWER

Defendant, Anthony J. DiMartino answers plaintiff's complaint as follows: 

 

1. Admitted. 

2. Defendant's correct address is as related above. 

3.-21. Admitted. 

22. Defendant is without knowledge or information sufficient to form 

a belief as to what, if anything, plaintiff did or did not rely upon and, therefore, defendant 

denies all such allegations. Admitted that the policy in question was issued. 

23.-25. The policy speaks for itself and plaintiff's characterization of same 

is unnecessary and denied as invalid. 

26.-28. Admitted. 

29.- 30. Denied. It is specifically denied that defendant, at any time, failed 

to disclose material medical information to plaintiff. 

31.-32. Defendant denies that defendant's medical history was either 

undisclosed or misrepresented. Defendant is without knowledge or information sufficient 

to form a belief as to what, if anything, plaintiff did or did not rely upon and, therefore, 

defendant denies all such allegations. 

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33.-36. Defendant is without knowledge or information sufficient to form 

a belief as to what plaintiff asserts that it did and, therefore, defendant denies all such 

allegations. 

37.-38. Admitted. 

39.-41 Denied as plaintiff's incorrect interpretation of the terms of the 

policy. 

42 No response required. 

43. Admitted. 

44.-46. Denied as plaintiff's incorrect statement of legal issues. 

47. No response required. 

48.-53. Denied. On the contrary defendant gave to plaintiff full and 

complete and truthful answers to each and every question that plaintiff propounded to 

defendant. 

54. Denied that defendant failed to disclose medical history. Defendant 

is without knowledge or information sufficient to form a belief as to plaintiff's thought 

processes in issuing the policy and, therefore denies same. 

55. Denied as a conclusion of law to which no further response is 

required. 

56. No response required. 

57.-60 Denied that defendant failed to disclose defendant's true and 

correct medical history. Denied that defendant made any fraudulent misrepresentations of 

any kind. Defendant is without knowledge or information sufficient to form a belief as to 

plaintiff's thought processes regarding the policy and, therefore denies same. 

WHEREFORE, defendant demands judgment in his favor and against plaintiff together 

with counsel fees and costs. 

Defendant's First Affirmative Defense

At all times pertinent hereto defendant made true and correct and truthful and full reply to 

all inquiries made by plaintiff. 

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Defendant's Second Affirmative Defense

At all times pertinent hereto the inquiries propounded by plaintiff to defendant were 

inquiries that plaintiff alone formulated; and, defendant made true and correct and 

truthful and full reply to all of such inquiries made by plaintiff and plaintiff is bound by 

defendant's responses to same. 

Defendant's Third Affirmative Defense

Inasmuch as the inquiries propounded by plaintiff to defendant were inquiries that 

plaintiff alone formulated plaintiff was under a legal obligation to follow up and 

investigate any of defendant's responses that plaintiff, solely in its discretion, deemed to 

warrant such investigation. 

Defendant's Fourth Affirmative Defense

Defendant is incapacitated due to the condition of osteomyelitis. Defendant did not 

contract the disease osteomyelitis until 1998. In 1996, when defendant applied for the 

policy in question, it was impossible for defendant to know that some two years later he, 

defendant, would contract osteomyelitis. 

Defendant's Fifth Affirmative Defense

Defendant is entitled to recover counsel fees and costs from plaintiff. 

WHEREFORE, defendant demands judgment in his favor and against plaintiff together 

with counsel fees and costs. 

__________________________ 

James Dunworth, Attorney for 

defendant 

Attorney ID: 15434 

1534 Pughtown Rd. Box 149 

Kimberton PA 19442 

Phone (610) 935-2700 

Facsimile (610) 935-2865 

Dated: June 8, 2002 

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF 

PENNSYLVANIA 

CIVIL ACTION, FILE NUMBER 02 - 2762 

New England Life Insurance Company ) 

501 Boyston Street ) 

Boston MA 02116 

Plaintiff ) 

v. ) 

Anthony J. DiMartino ) 

35 Carter Road ) 

Thornton PA 19373 ) 

Defendant ) 

CERTIFICATION OF SERVICE

I, James Dunworth, Attorney for defendant in the within matter, hereby certify that a 

copy of: 

defendant's Answer to plaintiff's Complaint 

was placed in the U.S. mail, first class delivery, postage prepaid, and addressed to 

counsel for plaintiff, whose name and address follows: 

Barbara K. Gotthelf, Esq. 

McCarter & English, LLP 

Mellon Bank Center 

Suite 700 

1735 Market St. 

Philadelphia PA 19103-7601 

_____________________________ 

James Dunworth, Attorney for 

defendant 

Dated: July 17, 2002 

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