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SILVERMAN v. MASSACHUSETTS INS. CO.

6 A.D.2d 92 (1958)

Max Silverman, Appellant, v. Massachusetts Mutual Life Insurance Company, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 24, 1958.

Attorney(s) appearing for the Case

Melvin Kraft of counsel (Austrian, Lance & Stewart, attorneys), for appellant.

Edward T. Post of counsel (Ernst L. Bendix with him on the brief; Tanner, Friend, Kinnan & Post, attorneys), for respondent.

BOTEIN, P. J., BREITEL, RABIN and FRANK, JJ., concur in Memorandum by the Court; STEVENS, J., dissents and votes to reverse and grant the motion in opinion.

MEMORANDUM BY THE COURT.

In connection with the waiver of annual life insurance premiums in the event of the total disability of the insured before reaching the age of 60, section 158 (subd. 2, par. [c]) of the Insurance Law requires every policy to provide for written notice of claim to be given during the lifetime of the insured and during the period of total disability, or as soon thereafter as reasonably possible. Defendant...

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