CAPORINO v. TRAVELERS INS.


95 A.D.2d 160 (1983)

Grace M. Caporino, Individually and as Administratrix of The Estate of Gabriel A. Caporino, Deceased, Appellant-Respondent, v. Travelers Insurance Company, Respondent, and Aetna Life Insurance Company et al., Appellants

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

July 21, 1983


Attorney(s) appearing for the Case

Emilio Nunez of counsel (Pamela Anagnos Liapakis and Cheryl R. Eisberg with him on the brief; Lipsig, Sullivan & Liapakis, P. C., attorneys), for appellant-respondent.

Martin M. McGlynn of counsel (McLaughlin, Simone & Lawlor, attorneys), for respondent.

Richard A. Soberman of counsel (John J. Palmeri with him on the brief; Palmeri & Gaven, attorneys), for Insurance Company of North America, appellant.

Benjamin Vinar of counsel (Thomas R. Newman with him on the brief; Siff & Newman, P. C., attorneys), for Aetna Life Insurance Company, appellant.

Ferdinand M. Schwartz of counsel (Schechter, Schwartz & Greenberg, attorneys), for Prudential Insurance Company of America, appellant.

KUPFERMAN, J. P., and ROSS, J., concur with BLOOM, J.; SANDLER and ASCH, JJ., dissent in part in an opinion by ASCH, J.


BLOOM, J.

Plaintiff is the administratrix of Gabriel A. Caporino, her late husband. She sues both as administratrix and in her own right to recover on double indemnity and accidental death provisions contained in policies of insurance issued by the named insurers on the life of Gabriel. Additionally, she seeks recovery on an additional supplemental rider issued by defendant Travelers and payable in the event...

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