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SECURITY MUTUAL LIFE INSURANCE COMPANY OF NEW YORK v. HERPAUL

36 A.D.3d 449 (2007)

827 N.Y.S.2d 141

SECURITY MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Respondent, v. DEENCHANDRA HERPAUL, Also Known as DINCHANDRA HARPAUL, et al., Appellants.

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

Decided January 9, 2007.

Defendants are the owner and insured of two life insurance polices issued by plaintiff Security Mutual. The policies each contain a clause which states that plaintiff "will not contest this policy after it has been in force, during the Insured's lifetime, for two years from the earlier of its Policy Date or Issue Date." The policy date set forth in each agreement is November 1, 2002 and the issue dates set forth in each agreement are November 8, 2002 and December 3, 2002...

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