NEW ENGLAND MUT INS v. CARUSO


135 A.D.2d 129 (1988)

New England Mutual Life Insurance Company, Respondent, v. Ralph A. Caruso, Appellant

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

January 29, 1988


Attorney(s) appearing for the Case

Edwin Robert Schulman for appellant.

Nixon, Hargrave, Devans & Doyle (David Hoffberg of counsel), for respondent.

DOERR, J. P., GREEN, BALIO and DAVIS, JJ., concur.


PINE, J.

The issue before us in this declaratory judgment action is whether the lack of an insurable interest can be raised by an insurer to void a life insurance policy after the period of contestability has run. We conclude that it cannot, under the authority of Wright v Mutual Benefit Life Assn. (118 N.Y. 237) and Columbian Natl. Life Ins. Co. v Hirsch (242 App Div 633, affd 267 N.Y. 605, rearg denied 268 N.Y. 546).

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