Kone v. Garden State Life Insurance

136 A.D.3d 422, 23 N.Y.S.3d 880

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 4, 2016
• Docket: 101 653082/11
• Status: Published

Opinion

— Order, Supreme Court, New York County (Ellen M. Coin, J.), entered December 18, 2014, which, inter alia, denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

In this action alleging breach of contract and bad faith arising from defendant’s failure to pay the proceeds of a life insurance policy, the record does not permit a determination as a matter of law that plaintiff failed to present defendant with due proof of the insured’s death, as required by the policy.

Concur — Saxe, J.P., Moskowitz, Richter and Feinman, JJ.