SOMERS v. BANKERS LIFE & CAS. CO. OF NEW YORK


142 A.D.2d 780 (1988)

Eleanor D. Somers, Respondent-Appellant, v. Bankers Life and Casualty Company of New York, Individually and as Successor to Gotham Life Insurance Company of New York, Appellant-Respondent, and Frank L. Rybak, Respondent, et al., Defendant

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

July 7, 1988


Weiss, J.

In 1979, defendant Bankers Life and Casualty Company of New York issued a $15,000 life insurance policy to Barney F. Stopera, with a double indemnity provision in the event of accidental death.* Plaintiff, who lived with Stopera, was named as beneficiary. On November 11, 1982, Stopera and plaintiff met with defendant Frank L. Rybak, a Bankers Life agent, to review their insurance coverage. Although the parties have...

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