United States Second Circuit

In an action claiming that plaintiff was the beneficiary of two life insurance policies issued by defendant to her late husband, summary judgment for defendant-insurer is affirmed in part where there were no modifications, oral or otherwise, of the written terms of the Term Life Policy. However, the judgment is reversed in part where a reasonable jury could find that the retroactive refund by defendant was a self-serving afterthought, designed to reduce the length of the decedent's policy coverage.

Appellate Information

• Decided 11/04/2010
• Published 11/04/2010

Judges

• Roger Miner

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Douglas R. Dollinger, Cheryl F. Korman