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SECURITY MUT. v. RODRIGUEZ

65 A.D.3d 1 (2009)

880 N.Y.S.2d 619

SECURITY MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Respondent, v. LUCY RODRIGUEZ et al., Appellants.

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

Decided May 26, 2009.

Attorney(s) appearing for the Case

Kramer Levin Naftalis & Frankel LLP, New York City (Stephen M. Sinaiko, David S. Frankel and Erin E. Oshiro of counsel), for appellants.

Clifford Chance US LLP, New York City (Anthony M. Candido and Valeria Calafiore of counsel), for respondent.

GONZALEZ, P.J., MOSKOWITZ, DeGRASSE and FREEDMAN, JJ., concur.

OPINION OF THE COURT

McGUIRE, J.

In October 2003 defendants Lucy Rodriguez and Esmail Mobarak, Rodriguez's son, purchased three life insurance policies with an aggregate benefit of $20 million from agents of plaintiff Security Mutual Life Insurance Company. The policies were issued on Rodriguez's life and Mobarak is the beneficiary under each policy. Each policy contains an incontestability clause that precludes plaintiff from challenging the policy "after...

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