BOOKSTEIN v. REPUBLIC INSURANCE COMPANY


266 A.D.2d 113 (1999)

698 N.Y.S.2d 683

HERBERT Z. BOOKSTEIN, as Executor of SHIRLEY BOOKSTEIN, Deceased, Respondent, v. REPUBLIC INSURANCE COMPANY, Appellant.

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

Decided November 23, 1999.


The motion court properly held that the tolling provision set forth in CPLR 208 applies in this case, and thus, the two-year suit limitation provision in the insurance policy was tolled until the insured's death on August 29, 1995. The mere execution of a power of attorney by the disabled insured to her son approximately five years before she entered a nursing home did not function to deprive her of the protection to which she was entitled as a disabled person pursuant to...

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