Lincoln Life & Annuity Co. v. Caswell

McGuire, J. (concurring).

I agree that this case is controlled by McCarthy v Aetna Life Ins. Co. (92 NY2d 436 [1998]), and that Caswell’s motion for summary judgment should have been granted to the extent of declaring him the sole beneficiary of the ‘854 policy. I agree as well that given the conflicting claims to the policy proceeds, plaintiff properly commenced this interpleader action and sought to be discharged of its obligations under the policy. Although I also agree that the branch of plaintiff s cross motion seeking costs, disbursements and reasonable attorneys’ fees under CPLR 1006…