BRETSCHGER v. HOME LIFE INS. CO.


84 A.D.2d 676 (1981)

Mamre F. Bretschger et al., Respondents, v. Home Life Insurance Company, Appellant

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

October 30, 1981


Judgment reversed, without costs, and new trial granted.

Memorandum:

Plaintiff Mamre F. Bretschger seeks to recover payment of the face amount of an insurance policy issued on the life of her former husband and payable to her. The insured died on May 11, 1977. Defendant has refused payment contending that the policy terminated for nonpayment of premiums before his death. Admittedly, the premium due February 4, 1977 was not paid until May 4, 1977, and the insurance...

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