NEW ENGLAND MUT INS v. CARUSO


73 N.Y.2d 74 (1989)

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

Court of Appeals of the State of New York.

Decided February 14, 1989.


Attorney(s) appearing for the Case

William S. Brandt, Domenick L. Gabrielli and Jeffrey R. Clark for appellant.

Edwin Robert Schulman for respondent.

William J. Toppeta, David J. Larkin, Jr., Peter J. Flanagan and Raymond A. D'Amico for Life Insurance Council of New York, amicus curiae.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


SIMONS, J.

Plaintiff insurer instituted this action against its policyholder, seeking a declaration that it is not obligated to pay $1.1 million in life insurance benefits because defendant had no insurable interest in the life of the decedent (see, Insurance Law § 3205 [b] [2]). Defendant contends that plaintiff is barred from asserting the invalidity of the policy because the statutory incontestability...

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