Garbin v. Mutual Life Insurance

This action is brought by the plaintiff, Ruth Garbín, to recover $12,754, the proceeds of a life insurance policy issued to her husband, Emanuel Garbín, in December, 1967 or January, 1968 by the defendant, Mutual Life Insurance Company of New York, of which Mrs. Garbín was the beneficiary.

Emanuel Garbín died in August, 1969. In October, 1969, Mrs. Garbín demanded payment of the proceeds. In February, 1970, the defendant refused and tendered return of the premiums which had been paid until Mr. Garbín’s death.

The defendant has moved for summary judgment on the ground that the plaintiff’s…