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CLARK v. COLUMBIAN MUT. LIFE INS. CO.

221 A.D.2d 227 (1995)

633 N.Y.S.2d 311

Carole Clark, Appellant, v. Columbian Mutual Life Insurance Company, Respondent

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

November 16, 1995

Plaintiff's decedent, Paul Clark died on May 30, 1991. The defendant insurer refused to pay plaintiff beneficiary the proceeds of his life insurance policy, claiming the policy had lapsed due to Mr. Clark's failure to pay the quarterly premium which was due on March 21, 1991. Defendant claimed it mailed Mr. Clark a Notice of Premium Due on February 20, 1991, and a Late Payment Notice on April 23, 1991. While the plaintiff denied...

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