KIMBALL v. CONT'L ASSURANCE CO.


97 A.D.2d 604 (1983)

Elizabeth J. Kimball, Respondent, v. Continental Assurance Company, Also Known as CNA Insurance Company, Appellant

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

October 13, 1983


In the instant action, plaintiff seeks to recover on two policies of life insurance issued by defendant to plaintiff's late husband. The summons and complaint were duly served on November 3, 1982. Due to a misapprehension by an employee of defendant that it had 30 days in which to serve an answer, an answer was not served until November 29, 1982. Plaintiff's attorney rejected the answer as untimely and, by order to show cause signed December 3, 1982, defendant applied for...

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