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GREEN v. NATIONAL INCOME LIFE INS. CO.

658 CA 20-00092.

189 A.D.3d 2068 (2020)

134 N.Y.S.3d 841

2020 NY Slip Op 07750

Mary Ann Green, on Behalf of Plaintiff and Classes Defined Herein, Appellant, v. National Income Life Insurance Company, Respondent.

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

Decided December 23, 2020.

Attorney(s) appearing for the Case

EDELMAN, COMBS, LATTURNER & GOODWIN, LLC, CHICAGO, ILLINOIS ( TIFFANY N. HARDY OF COUNSEL), FOR PLAINTIFF-APPELLANT.

HINSHAW & CULBERTSON LLP, NEW YORK CITY ( KYLE M. MEDLEY OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Peradotto, J.P., Lindley, Curran, Bannister and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff is the beneficiary of an accident insurance policy issued by defendant to her late husband. Plaintiff's husband died in May 2017 after spending 33 days in the hospital. Plaintiff sought $40,000 under the policy's accidental death and dismemberment benefit (accidental death) provision and $18,800 under the hospital...

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