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U.S. LIFE INSURANCE COMPANY IN CITY OF NEW YORK v. GRUNHUT

4821, 600550/07.

83 A.D.3d 528 (2011)

920 N.Y.S.2d 659

THE UNITED STATES LIFE INSURANCE COMPANY IN THE CITY OF NEW YORK, Respondent, v. LAZAR GRUNHUT et al., Appellants.

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

Decided April 19, 2011.

By accepting premium payments for three months after commencing this action to rescind the insurance policies, and doing so apparently intentionally (to "protect" the insured pending a determination of the action), plaintiff waived its right to rescind the policies (Security Mut. Life Ins. Co. of N.Y. v Rodriguez, 65 A.D.3d 1...

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