ELSTON v. ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK


274 A.D.2d 938 (2000)

712 N.Y.S.2d 185

TAMI J. ELSTON, Appellant, v. ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK, Respondent.

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

Decided July 27, 2000.


Peters, J.

Defendant issued two term life insurance policies, effective January 29, 1996, one for Floyd Elston, plaintiff's husband, naming plaintiff as the primary beneficiary and the other for plaintiff for the benefit of her husband. At the time of application, the Elstons made their initial payment by personal check and selected "the alternate payment plan" whereby the premiums would be paid by monthly automatic withdrawal of funds from their checking account...

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