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MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY v. THORPE

260 A.D.2d 706 (1999)

687 N.Y.S.2d 490

MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, Plaintiff, v. LUCILLE THORPE, Respondent, and LINDA M. THORPE, Individually and as Mother of KATHERINE THORPE and Others, Infants, Appellant.

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

Decided April 1, 1999.

Mercure, J.

Prior to his death, Patrick Thorpe (hereinafter decedent) was enrolled in a group life insurance program underwritten by plaintiff and had a $282,000 policy in effect. From 1992 to June 1996, decedent's two children (Katherine Thorpe, born in 1981, and Matthew Thorpe, born in 1978) were primary beneficiaries of the policy. In June 1996, however, following the separation of decedent and defendant Linda M. Thorpe (hereinafter the wife), decedent changed...

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