GAIDON v. GUARDIAN LIFE INSURANCE COMPANY OF AMERICA


272 A.D.2d 60 (2000)

707 N.Y.S.2d 166

FRANK J. GAIDON et al., Appellants, v. GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, Respondent.

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

Decided May 2, 2000.


As the motion court properly held, plaintiffs Frank C. DeHamer, Nicholas J. DeHamer and Kathleen M. Warner lack standing to sue in view of the clear and unambiguous releases they signed in order to obtain the cash surrender value of the policies. However, the owners and holders of the policy insuring Frank Gaidon signed no such release, and the decision to terminate the policy rather than continue to pay the demanded premiums does not alter their standing to proceed with...

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