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SECURITY MUTUAL LIFE INSURANCE COMPANY v. MEMBER SERVICES, INC.

46 A.D.3d 1077 (2007)

848 N.Y.S.2d 389

SECURITY MUTUAL LIFE INSURANCE COMPANY, Respondent, v. MEMBER SERVICES, INC., et al., Appellants.

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

Decided December 13, 2007.

Lahtinen, J.

Plaintiff, a life insurance company, entered into an agreement with defendants, Member Services, Inc. (hereinafter MSI) (an insurance agency) and Roger D. Banks (MSI's owner), regarding the marketing and sale of insurance. The basic terms of the agreement—set forth in a letter of intent in January 2003 and a letter agreement signed by the parties in February 2003— included several "advance[s]" of funds from plaintiff to MSI to be backed...

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