JONAS v. NATIONAL LIFE INS. CO.

651733/13, 8945, 5000, 8944.

171 A.D.3d 501 (2019)

95 N.Y.S.3d 809

2019 NY Slip Op 02662

Stanley Jonas et al., Appellants, v. National Life Insurance Company et al., Defendants, and Certain Underwriters at Lloyd's of London Subscribing to or Otherwise Liable for Certificate Number 0721963, Otherwise Known as Risks PE 08/08 and PE 0620/09, Including Syndicate and Syndicate 510, Respondent.

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

Decided April 9, 2019.


Parties may contract for shorter limitations periods than those provided by statute, as long as the contractual limitations period is "reasonable and in writing" (Carat Diamond Corp. v Underwriters At Lloyd's, London, 123 A.D.2d 544, 546 [1st Dept 1986]). In Carat, the 12-month limitations period in the subject policy was found to be "a reasonable, valid and enforceable provision" (id.). In this case, the certificate...

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