KITCHEN & BATH CREATIONS, LTD. v. GUARDIAN LIFE INSURANCE COMPANY OF AMERICA


278 A.D.2d 16 (2000)

717 N.Y.S.2d 149

KITCHEN & BATH CREATIONS, LTD., Appellant, v. GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, Respondent.

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

Decided December 5, 2000.


Defendant insurer established its prima facie entitlement to judgment in its favor as a matter of law by adducing proof demonstrating that it had never insured the decedent's life, and, indeed, that the decedent would not have been acceptable to it as a standard risk. Therefore, plaintiff, the alleged beneficiary of the policy purportedly issued by defendant insuring the decedent, was required to submit, in opposition to defendant's showing, evidentiary proof, in admissible...

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