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GUBERMAN v. PENN LIFE INS. CO.

146 A.D.2d 8 (1989)

Josephine Guberman, Appellant, v. William Penn Life Insurance Company of New York, Respondent

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

March 6, 1989.

Attorney(s) appearing for the Case

Shayne, Dachs, Stanisci & Corker (Norman H. Dachs and Jonathan A. Dachs on the brief), for appellant.

Bleakley & Schmidt (Robert D. Meade of counsel), for respondent.

THOMPSON, J. P., BROWN and SULLIVAN, JJ., concur.

BRACKEN, J.

An insurer's assertion of one basis for disclaiming liability under a life insurance contract may give rise to an estoppel against its later assertion of different defenses to liability. Such an estoppel will arise, however, only if (1) the insurer knew of the different grounds for disclaiming liability, and yet omitted any reference to them in its original notice of disclaimer, and (2) the insured...

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