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BONEM v. WILLIAM PENN LIFE INS. CO. OF N.Y.

Index No. 653777/18. Appeal No. 12860-12860A. Case No. 2020-00086. 2020-03668.

190 A.D.3d 515 (2021)

135 N.Y.S.3d 835

2021 NY Slip Op 00227

Julia Bonem, Respondent, v. William Penn Life Insurance Company of New York, Appellant.

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

Decided January 14, 2021.

Attorney(s) appearing for the Case

Bleakley Platt & Schmidt, LLP, White Plains ( Robert D. Meade of counsel), for appellant.

Schwartz, Conroy and Hack, P.C., Garden City ( Evan S. Schwartz of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gische, Kapnick, Singh, Mendez, JJ.

Plaintiff is not entitled to coverage under the subject insurance policy because the policy had lapsed before the insured's death. The clear and unambiguous terms of the policy provide that the due date for annual premiums is determined by reference to the "Policy Date," which was January 14, 2002—not January 31, 2002, the anniversary of the date on which the insured first received a physical copy of the policy, made his...

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