Goldberg v. Manufacturers Life Insurance

242 A.D.2d 175, 672 N.Y.S.2d 39, 1998 N.Y. App. Div. LEXIS 4322
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 21, 1998
StatusPublished
Cited by31 cases

This text of 242 A.D.2d 175 (Goldberg v. Manufacturers Life Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Goldberg v. Manufacturers Life Insurance, 242 A.D.2d 175, 672 N.Y.S.2d 39, 1998 N.Y. App. Div. LEXIS 4322 (N.Y. Ct. App. 1998).

Opinion

OPINION OF THE COURT

Milonas, J. P.

In 1988, plaintiffs Bernard and Carole Goldberg purchased two life insurance policies issued by defendant Manufacturers Life Insurance Company (Manulife). Both purchases were made through Arnold Ross, their insurance advisor, who was an officer and principal of defendant Hirschfeld, Stern, Moyer & Ross (HSMR) and Moyer & Ross, a subsidiary of HSMR. By 1990, with respect to policy No. 4087185 (policy #2), plaintiffs had paid a total of $224,776 in three premium payments, according to a schedule apparently prepared by HSMR in connection with the policy, while the policy itself provided a schedule of annual payments through 2019. Then, in March 1990, Carole Goldberg signed a one-page form for a “Vanishing Premium Option” with respect to policy #2. As defined in part “A” of that form,

“[t]he term Vanishing Premium Option does not mean that premiums are no longer due. It does mean that future premiums will be paid by using the current and projected dividends. * * *

“I also understand that with acceptance of the Vanishing Premium Option there is a possibility I will be required to make premium payments at some point in the future if there is insufficient value in the policy to cover the premiums that are due.”

In April 1995, following a dispute concerning the premiums due on the other policy, No. 4083881 (policy #1), Manulife paid plaintiffs $472,546 in return for their execution of a “Receipt and General Release,” and policy #1 was rescinded. By the first [178]*178enumerated paragraph of this two-page document, plaintiffs released Manulife “and its representatives, including, without limitation its past and present agents, employees * * * of and from any and all claims, demands, sums of money, actions, rights, causes of action, obligations and liabilities of any kind or nature whatsoever Claimants may have had or claim to have had, or now have or claim to have, thereafter may have or assert to have, including without limitation, those which arise out of or are in any manner whatsoever, directly or indirectly, connected with or related to any act, omission, transaction, dealing, conduct or negotiation of any kind whatsoever between Claimants and arising from the solicitation, purchase or issuance of any contract with Manulife. Claimants do not waive the rights to contractual benefits under Manulife policy number 4087185 [policy #2].” In the paragraph immediately preceding the signatures on the release, plaintiffs acknowledge that they have read the document and understand its contents.

In May 1995, a month after the execution of the release, plaintiffs received two notices from Manulife regarding policy #2: the first notified plaintiffs that the method of premium payment had changed to a quarterly payment of approximately $7,000, while the second stated that the first such payment had been due the previous month. Plaintiffs’ attorney responded by letter to the effect that this demand for premium payments under policy #2 was contrary to the representations HSMR had made to plaintiffs concerning that policy. According to plaintiffs, HSMR had represented to them that a vanishing premium meant that, having paid the three installments totaling $224,776, they would pay no further premiums because policy dividends would cover future premiums.

Plaintiffs thereafter commenced this action against Manulife and HSMR, seeking specific performance of the terms of policy #2 as allegedly represented to them; damages for fraudulent misrepresentation; and a statutory penalty against HSMR pursuant to Insurance Law § 2123. Each defendant moved to dismiss the complaint; among the grounds for dismissal, both argued that plaintiffs’ claims were barred by the Statute of Limitations and the April 1995 release. Plaintiffs cross-moved for leave to amend the complaint to add Moyer & Ross as a defendant.

By written decision, the court determined that plaintiffs’ causes of action had accrued “when the right to bring the action materialized,” and that this had occurred only in May 1995 with defendants’ written demand for additional premium [179]*179payments under policy #2. Thus, since the action was commenced several months after the demand, the court found that the action was timely under both the three-year Statute of Limitations period for Insurance Law § 2123 (see, CPLR 214 [2]) as well as the six-year period for fraud claims. However, finding that plaintiffs had failed to state a cause of action for fraud or Insurance Law violation as against Manulife, the court dismissed the second and third causes of action as against that defendant; plaintiffs do not appeal from this dismissal. In all other respects, the court denied both defendants’ motions to dismiss.

With respect to the first cause of action, the sole claim against Manulife that it did not dismiss, the court determined that plaintiffs had sufficiently stated a claim for rescission or reformation. It rejected both defendants’ argument that plaintiffs’ claims were barred by the April 1995 release, finding that “the relevant provisions are ambiguous and reasonably susceptible to more than one interpretation” and that it was “unclear whether the Release was intended to exclude the present claim.”

We turn first to the question of whether plaintiffs have stated a cause of action against Manulife for reformation or rescission and conclude that they have not. A claim for reformation of a contract must be based either on mutual mistake or fraudulently induced unilateral mistake (Chimart Assocs. v Paul, 66 NY2d 570, 573; Pahl Equip. Corp. v Kassis, 182 AD2d 22, lv to appeal denied in part and dismissed in part 80 NY2d 1005, rearg denied 81 NY2d 782). A claim for rescission of a contract must be predicated on the same grounds (Matter of Gould v Board of Educ., 81 NY2d 446, 453; P.K. Dev. v Elvem Dev. Corp., 226 AD2d 200, 201-202). In the instant case, there is no allegation whatsoever of mutual mistake, and thus this cannot be the basis for reformation or rescission of policy #2. Nor can plaintiffs avail themselves of fraudulent inducement as the basis of this cause of action as against Manulife, in light of the court’s dismissal of the fraud claims as against that defendant. Accordingly, this cause of action, too, should have been dismissed.

In this regard, we note that the possibility of plaintiffs’ responsibility to pay future premiums was easily discoverable by reading either the policy or at least the one-page form that plaintiff wife signed in 1990, which provided in plain English a clear definition of a vanishing premium option and explicitly stated that plaintiffs might be responsible for premium pay[180]*180ments in the future. Plaintiffs cannot avoid the express terms of the disputed policy by claiming they failed to read the documents they signed and acknowledged as having read and understood (see, e.g., Blog v Battery Park City Auth., 234 AD2d 99, 100-101; Pommer v Trustco Bank, 183 AD2d 976, 977-978, lv to appeal dismissed in part and denied in part 81 NY2d 758). Such mistake based on a party’s own negligence—in this case, the failure to read either document—cannot serve as the basis for rescission or reformation (P.K. Dev. v Elvem Dev. Corp., 226 AD2d 200, 201-202, supra).

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Bluebook (online)
242 A.D.2d 175, 672 N.Y.S.2d 39, 1998 N.Y. App. Div. LEXIS 4322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goldberg-v-manufacturers-life-insurance-nyappdiv-1998.