HERZ v. TRANSAMERICA LIFE INS. CO.

2018-13350, Index No. 501660/17.

172 A.D.3d 1336 (2019)

99 N.Y.S.3d 664

2019 NY Slip Op 04147

Esther Herz, Appellant, v. Transamerica Life Insurance Company et al., Respondents.

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

Decided May 29, 2019.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff's husband (hereinafter the decedent) purchased a life insurance policy covering accidental death and dismemberment, and named the plaintiff as the beneficiary. On January 4, 2013, the decedent died after allegedly suffering a fall at the nursing home where he was living.

The plaintiff commenced this action against the defendants, Transamerica Financial Life Insurance Company...

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