Oil Heat Institute of Long Island Insurance Trust v. Gerber Life Insurance

Order, Supreme Court, New York County (Herman Cahn, J.), entered March 28, 2000, which, to the extent appealed from, denied defendant Gerber Life Insurance Company’s motion for summary judgment, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint as against it.

In or about April 1998, the Oil Heat Institute of Long Island, Inc. endeavored to create a “self-insurance” program to provide its members and their employees (i.e., truck drivers and clerical…