Liebman v. American International Life Insurance

Appellate Division of the Supreme Court of New York

Liebman v. American International Life Insurance

176 A.D.2d 526, 574 N.Y.S.2d 716, 1991 N.Y. App. Div. LEXIS 12627

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

DecidedOctober 10, 1991

StatusPublished

This text of 176 A.D.2d 526 (Liebman v. American International 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

Liebman v. American International Life Insurance, 176 A.D.2d 526, 574 N.Y.S.2d 716, 1991 N.Y. App. Div. LEXIS 12627 (N.Y. Ct. App. 1991).

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Opinion

—Order, Supreme Court, New York County (Kristin Booth Glen, J.), entered on February 5, 1991, which, inter alia, granted defendant’s motion for summary judgment, denied plaintiffs motion for summary judgment and dismissed the complaint, unanimously affirmed, without costs.

Defendant refused to pay plaintiff-beneficiary the proceeds of a life insurance policy insuring his wife, on the ground that its investigation revealed that she had given false material information by indicating that she was actively at work as a full-time employee for the three month period prior to the application. In support of its motion for summary judgment, defendant submitted unrebutted proof that during the three month period prior to the date of her application, the deceased, a terminal cancer patient who required a hip replacement, was hospitalized for eighteen days and remained gravely ill while she recuperated at home. The court properly granted summary judgment in defendant’s favor since plaintiffs unsubstantiated, conclusory assertion that his wife was continuously actively at work as a full-time employee in spite of the gravity of her illness, was insufficient to establish the existence of a genuine material issue of fact (Rotuba Extruders v Ceppos, 46 NY2d 223; cf., Gennari v Continental Ins. Co., 160 AD2d 759). Concur — Murphy, P. J., Rosenberger, Ellerin, Ross and Rubin, JJ.

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—Order, Supreme Court, New York County (Kristin Booth Glen, J.), entered on February 5, 1991, which, inter alia, granted defendant’s motion for summary judgment, denied plaintiffs motion for summary judgment and dismissed the complaint, unanimously affirmed, without costs.

Defendant refused to pay plaintiff-beneficiary the proceeds of a life insurance policy insuring his wife, on the ground that its investigation revealed that she had given false material information by indicating that she was actively at work as a full-time employee for the three month period prior to the application. In support of its motion for summary judgment, defendant submitted unrebutted proof that during the three month period prior to the date of her application, the deceased, a terminal cancer patient who required a hip replacement, was hospitalized for eighteen days and remained gravely ill while she recuperated at home. The court properly granted summary judgment in defendant’s favor since plaintiffs unsubstantiated, conclusory assertion that his wife was continuously actively at work as a full-time employee in spite of the gravity of her illness, was insufficient to establish the existence of a genuine material issue of fact (Rotuba Extruders v Ceppos, 46 NY2d 223; cf., Gennari v Continental Ins. Co., 160 AD2d 759). Concur — Murphy, P. J., Rosenberger, Ellerin, Ross and Rubin, JJ.

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Bluebook (online)

176 A.D.2d 526, 574 N.Y.S.2d 716, 1991 N.Y. App. Div. LEXIS 12627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liebman-v-american-international-life-insurance-nyappdiv-1991.

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