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MASSACHUSETTS MUT. INS. v. LORD

18 A.D.2d 69 (1963)

Massachusetts Mutual Life Insurance Company, Appellant, v. Kathryn A. Lord, Respondent

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

March 5, 1963.

Attorney(s) appearing for the Case

Edward T. Post of counsel (Rowland H. Long with him on the brief; Tanner, Friend, Kinnan & Post, attorneys), for appellant.

David B. Silverman of counsel (Samuel Silverman, attorney), for respondent.

RABIN and NOONAN, JJ., concur with STEVENS, J.; VALENTE, J., dissents in opinion in which BREITEL, J. P., concurs.

STEVENS, J.

On December 16, 1958, plaintiff issued a life insurance policy to one Benjamin Lord, in which Lord's wife, Kathryn, was named beneficiary. Because of Lord's impaired health the rating under which the policy was issued set forth an annual special class premium of $5,512. Lord transferred ownership of the policy to his wife, the defendant. About one year later defendant made application for removal...

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