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DeFILIPPO v. MUTUAL LIFE INSURANCE COMPANY

13 A.D.3d 178 (2004)

787 N.Y.S.2d 11

SARA M. DeFILIPPO et al., on Behalf of Themselves and Others Similarly Situated, Respondents, v. THE MUTUAL LIFE INSURANCE COMPANY OF NEW YORK et al., Appellants.

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

December 16, 2004.

This is the latest in a series of appeals arising out of litigation over the "vanishing premium" life insurance policies sold by defendants to plaintiffs. The facts underlying plaintiffs' claims are set out in detail in the Court of Appeals' decision in Gaidon v Guardian Life Ins. Co. (94 N.Y.2d 330, 340-342 [1999]). Essentially, plaintiffs allege that they purchased their insurance policies...

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