Legal Opinion

Security Mutual Life Insurance v. Herpaul

Appellate Division of the Supreme Court of the State of New York

Decided January 9, 2007PublishedCited by 1 opinion

1Opinion of the Court

*450Order, Supreme Court, New York County (Herman Cahn, J.), entered March 13, 2006, which denied defendants’ motion to dismiss the complaint as time-barred, unanimously reversed, on the law, with costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.

Defendants are the owner and insured of two life insurance polices issued by plaintiff Security Mutual. The policies each contain a clause which states that plaintiff “will not contest this policy after it has been in force, during the Insured’s lifetime, for two years from the earlier…

2Cases cited7 opinions

  1. Guardian Life Insurance Co. of America, Inc. v. SchaeferNew York Court of Appeals · 1987
  2. Lucier v. WilliamsNew Jersey Superior Court Appellate Division · 2004
  3. Mora Y Ledon v. . HavemeyerNew York Court of Appeals · 1890
  4. Berkshire Life Insurance v. WeinigNew York Court of Appeals · 1943
  5. Tigue v. Commercial Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1995

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Kramer v. LOCKWOOD PENSION SERVICES, INC.District Court, S.D. New York · 2009

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