CHISOM v. COLUMBIA MUT. LIFE INS. CO.

8922, 307442/09.

101 A.D.3d 656 (2012)

955 N.Y.S.2d 875

2012 NY Slip Op 9186

ANN CHISOM, Appellant, v. COLUMBIA MUTUAL LIFE INSURANCE CO., Respondent.

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

December 27, 2012.


Defendant demonstrated that it paid plaintiff the full benefit of her late husband's life insurance policy and that therefore there was no breach of contract. We reject plaintiff's attempt to assert a cause of action for tortious conduct based on defendant's initial conclusion that the policy had lapsed and its ensuing, very brief, investigation, which resulted in the issuance of a check to plaintiff (see Royal Indem. Co. v Salomon Smith Barney, 308...

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