Bracewell & Giuliani LLP, Houston, Texas ( J. Brett Busby of counsel), and Edison, McDowell & Hetherington, LLP ( David T. McDowell of counsel) for American Council of Life Insurers and another, amici curiae.
Chief Judge LIPPMAN and Judges GRAFFEO, READ and JONES concur with Judge CIPARICK; Judge SMITH dissents in a separate opinion in which Judge PIGOTT concurs.
Court of Appeals of New York.
OPINION OF THE COURT
CIPARICK, J.
The United States Court of Appeals for the Second Circuit has certified the following question for our consideration:
"Does New York Insurance Law §§ 3205 (b)(1) and (b)(2) prohibit an insured from procuring a policy on his own life and immediately transferring the policy to a person without an insurable interest in the insured's life, if the insured did not ever intend to provide insurance protection...
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