SPRINGER v. ALLSTATE INS.


94 N.Y.2d 645 (2000)

731 N.E.2d 1106

710 N.Y.S.2d 298

KATHLEEN SPRINGER, Respondent, v. ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK, Appellant.

Court of Appeals of the State of New York.

Decided May 9, 2000.


Attorney(s) appearing for the Case

Damon & Morey, L. L. P., Buffalo (Michael J. Willett and Joseph W. Dunbar of counsel), for appellant.

Davidson, Fink, Cook, Kelly & Galbraith, L. L. P., Rochester (Paul D. Kelly and Mark Chauvin Bezinque of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and ROSENBLATT concur.


OPINION OF THE COURT

WESLEY, J.

In this appeal we are called upon to determine the starting point for the two-year contestability period in which a life insurance carrier can deny coverage as a result of the insured's death by suicide when the insured purchased a binder prior to issuance of the life insurance contract. We conclude that in this case the two-year contestability period runs from the start date of...

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