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FLAX v. LINCOLN NATL. LIFE INS. CO.

2007-06069

2008 NY Slip Op 07209

HERSCHEL FLAX, ET AL., respondents, v. LINCOLN NATIONAL LIFE INSURANCE COMPANY, ET AL., appellants.

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

Decided September 30, 2008.

Attorney(s) appearing for the Case

L'Abbate, Balkan, Colavita & Contini, LLP, Garden City, N.Y. (Monte E. Sokol and David Maunz of counsel), for appellants Lincoln National Life Insurance Company and Aetna Life Insurance and Annuity Company.

Winget, Spadafora & Schwartzberg, LLP, New York, N.Y. (Matthew Tracy of counsel), for appellants Estate of Timothy Henry Shoecraft, Graydon Garner, Colburn International, Inc. and Independent Financial Group, Inc. Ackerman, Levine, Cullen, Brickman & Limmer, LLP, Great Neck, N.Y. (John M. Brickman and Kira L. Polner of counsel), for respondents.

Before: Robert A. Lifson, J.P., Anita R. Florio, Randall T. Eng, Ariel E. Belen, JJ.

DECISION & ORDER

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...

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