Elston v. Allstate Life Insurance

—Peters, J.

Appeal from an order of the Supreme Court (Kane, J.), entered April 7, 1999 in Sullivan County, which granted defendant’s motion for summary judgment dismissing the complaint.

Defendant issued two term life insurance policies, effective January 29, 1996, one for Floyd Elston, plaintiff’s husband, naming plaintiff as the primary beneficiary and the other for plaintiff for the benefit of her husband. At the time of application, the Elstons made their initial payment by personal check and selected “the alternate payment plan” whereby the premiums would be paid by monthly automatic…