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GAIDON v. GUARDIAN LIFE INS. CO. OF AM.

255 A.D.2d 101 (1998)

679 N.Y.S.2d 611

Frank J. Gaidon et al., Appellants, v. Guardian Life Insurance Company of America, Respondent

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

November 5, 1998

Construing the subject policies in a manner that "focuses on the reasonable expectations of the average insured upon reading the policy * * * and employing common speech" (Matter of Mostow v State Farm Ins. Cos., 88 N.Y.2d 321, 326-327), we find that the policies are unambiguous in setting forth the duration of premium payments, that the entire contract consists only of the policy and the insured's application, and that agents lack...

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