Apostolou v. Mutual of Omaha Insurance

In an action to recover disability insurance benefits, defendant appeals from an order of the Supreme Court, Queens County, dated October 30, 1978, which denied its motion to dismiss plaintiff’s second cause of action. Order reversed, on the law, with $50 costs and disbursements, and motion to dismiss plaintiff’s second cause of action granted. Plaintiff’s second cause of action, which seeks to recover disability in futuro for the life expectancy of the plaintiff, is based upon the theory of anticipatory breach. Generally, the doctrine of anticipatory breach has no application to contracts…