SMITH v. CONNECTICUT GEN. LIFE INS. CO.


25 A.D.2d 555 (1966)

Stanley Smith et al., Respondents, v. Connecticut General Life Insurance Company, Appellant

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

February 21, 1966


Order reversed, with $10 costs and disbursements; motion granted; and complaint dismissed.

The policy sued on insured the lives of employees of the policyholder. Each such employee became eligible for coverage if he was in such employment on the effective date of the policy and, inter alia, if he was in "Active Service with the Employer on that day." The policy's pertinent definition considered an employee to be in Active Service "on any day on which he performs...

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