Goldman v. Metropolitan Life Insurance
New York Court of Appeals
1Opinion of the Court
OPINION OP THE COURT
G.B. Smith, J.
The primary issue in each of these cases is whether there is a breach of an insurance contract when a policy date is set prior to an effective date and the insured, in the first year of the policy, must pay for days that are not covered. We hold that the insurers’ CPLR 3211 (a) (1) and (7) motions to dismiss the complaints were properly granted, and we affirm the orders of the Appellate Division.
Facts
Goldman v Metropolitan Life Ins. Co.
On January 30, 2002, plaintiff “submitted an application to MetLife for a yearly renewable term life insurance policy in the…
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