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CARPINONE v. MUTUAL OF OMAHA INSURANCE COMPANY

265 A.D.2d 752 (1999)

697 N.Y.S.2d 381

ANTHONY CARPINONE et al., Appellants-Respondents, v. MUTUAL OF OMAHA INSURANCE COMPANY, Doing Business as MUTUAL OF OMAHA, Respondent-Appellant, et al., Defendants. (And Two Other Related Actions.)

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

Decided October 28, 1999.

Spain, J.

Plaintiff Anthony Carpinone (hereinafter plaintiff) and his wife, derivatively, commenced an action (action No. 1) alleging causes of action sounding in breach of contract and fraud to recover money damages resulting from the refusal by defendant Mutual of Omaha Insurance Company (hereinafter Mutual) to pay benefits pursuant to a disability insurance policy issued to plaintiff on November 17, 1988 and a major...

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