FLAX v. LINCOLN NATIONAL LIFE INSURANCE COMPANY


54 A.D.3d 992 (2008)

864 N.Y.S.2d 559

HERSCHEL FLAX et al., Respondents, v. LINCOLN NATIONAL LIFE INSURANCE COMPANY et al., Appellants.

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

September 30, 2008.


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs payable by the plaintiffs to the defendants appearing separately and filing separate briefs, and the motion to dismiss the complaint is granted in its entirety.

In 1999, insurance agents Timothy Shoecraft and Graydon Garner marketed a flexible premium variable life insurance policy to the plaintiff Dr. Herschel Flax. This insurance policy contained an investment component...

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