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KATZ v. AM. MAYFLOWER INS. CO.

14 A.D.3d 195 (2004)

788 N.Y.S.2d 15

MICHAEL KATZ, Appellant, v. AMERICAN MAYFLOWER LIFE INSURANCE COMPANY OF NEW YORK, Respondent.

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

December 28, 2004.

Attorney(s) appearing for the Case

Wechsler Harwood LLP, New York City (William R. Weinstein and Robert I. Harwood of counsel), for appellant.

Sonnenschein Nath & Rosenthal, LLP, New York City (Reid L. Ashinoff, Sandra D. Hauser and Michael S. Gugig of counsel), for respondent.

Buckley, P.J., and Williams, J., concur with Sullivan, J.; Tom, J., dissents in a separate opinion.

OPINION OF THE COURT

SULLIVAN, J.

On or about July 11, 1997, plaintiff, a real estate attorney, signed an application for a $1 million term life insurance policy, premiums to be paid on a quarterly basis, with defendant American Mayflower Life Insurance Company of New York. As plaintiff must concede, the application, which is explicitly made part and parcel of the policy, expressly provides that coverage would commence when the policy is delivered and his...

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