Nocella v. Fort Dearborn Life Insurance

The facts of this case have been set forth in our decision and order on a companion appeal (see Nocella v Fort Dearborn Life Ins. Co. of N.Y., 99 AD3d 872 [2012] [decided herewith]). Contrary to the conclusion reached by the Supreme Court, the defendants Bankers American Life Assur*878anee Company (hereinafter Bankers American) and Union Security Life Insurance Company of New York (hereinafter Union Security) did not establish their entitlement to judgment as a matter of law dismissing the complaint insofar as asserted against them, as they did not establish, prima facie, that the policy of…