FIDELITY NATIONAL TITLE INSURANCE COMPANY v. REGENT ABSTRACT SERVICES, LTD.


70 A.D.3d 447 (2010)

895 N.Y.S.2d 359

FIDELITY NATIONAL TITLE INSURANCE COMPANY et al., Appellants, and SHEILA FERRARI et al., Intervenors-Appellants, v. REGENT ABSTRACT SERVICES, LTD., et al., Respondents, and NEW YORK LIFE INSURANCE COMPANY, Respondent.

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

Decided February 9, 2010.


The IAS court correctly held that the subject insurance policy, which had lapsed for nonpayment of premiums, was not reinstated prior to decedent's death. The policy expressly required that the insured be alive at the time it received a past due premium in order for the policy to be reinstated. The policy lapsed on February 27, 2008. The insurer, New York Life Insurance Company, received the overdue premium payment on March 6, 2008; however, the decedent died in the interim...

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