Dave's Ice Cream Cakes, Inc. v. William Penn Life Insurance

Order and judgment unanimously reversed on the law with costs, motion denied and verdict reinstated. Memorandum: This action to recover the proceeds of a life insurance policy issued by defendant on the life of David Graham was before this Court on a prior occasion (Dave’s Ice Cream Cakes v Penn Life Ins. Co., 148 AD2d 937). At that time, we affirmed a ruling of Supreme Court which held that the life insurance policy in the amount of $500,000 never became effective because Graham had not signed the amended application and the policy was never physically delivered to him. It was also *1027found…