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WEBSTER, SR. v. NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION

41 A.D.3d 168 (2007)

838 N.Y.S.2d 48

FREDERICK WEBSTER, SR., et al., Appellants, v. NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION, Respondent.

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

Decided June 12, 2007.

The first page of the annuity policy states that the accumulation value is not guaranteed with respect to the "Separate Account." The policy data page recites only that the guaranteed interest rate will be 3%. It does not state that an interest rate is guaranteed for each of the three investment options, the Separate Account, the "Cash Management Fixed Account" and the "Dollar Cost Averaging Program." Interest is not provided in the Separate Account. The Separate Account...

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