RUSSO v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY


274 A.D.2d 878 (2000)

711 N.Y.S.2d 254

MARIE E. RUSSO, Appellant, v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, Respondent.

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

Decided July 27, 2000.


Crew III, J. P.

In 1989 plaintiff purchased an N-Pay life insurance policy (also known as a vanishing premium policy) from defendant. With an N-Pay life insurance policy, the insured pays premiums for a projected period of time, until the "Nth" year, at which time premiums no longer are required because dividends earned on the previous premium payments suffice to pay all future premiums.

When plaintiff learned that she would be required to make premium payments...

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