Aetna Life Ins. Co. v. Sterling

• Decision Date: 10 May 1962
• Citation: Aetna Life Ins. Co. v. Sterling, 229 N.Y.S.2d 9, 11 N.Y.2d 959 (N.Y. 1962)
• Parties: , 183 N.E.2d 325 AETNA LIFE INSURANCE COMPANY, Plaintiff, v. Elizabeth STERLING et al., Defendants-Respondents, and Rebecca Greenberg, Defendant-Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 9

229 N.Y.S.2d 9

11 N.Y.2d 959, 183 N.E.2d 325

AETNA LIFE INSURANCE COMPANY, Plaintiff, v.Elizabeth STERLING et al., Defendants-Respondents, and Rebecca Greenberg, Defendant-Appellant.

Court of Appeals of New York.

May 10, 1962.

Appeal from Supreme Court, Appellate Division, First Department, 15 A.D.2d 334, 224 N.Y.S.2d 146.

An insurer brought an action against the mother and the two daughters of the deceased insured to determine who was entitled to the proceeds of a group life insurance certificate.

The Supreme Court, Special Term, New York County, Francis X. Conlon, J., 221 N.Y.S.2d 772, granted the motion of the mother for summary judgment and denied the motion of daughters of the insured for summary judgment, and they appealed.

The Appellate Division, 15 A.D.2d 334, 224, N.Y.S.2d 146, reversed the order, granted the motion of the insured's daughters for summary judgment, and held that where the insured, on leaving her position, was notified by the insurer that her participation in the group policy would expire on May 1, but that she had the option to replace the participation with an individual life policy in the sum of $2,000, and she made an application for such a policy, paid the first premium, and named her mother as beneficiary of the new policy, and she died on April 25 while the certificate, in which the daughters were named an beneficiaries, was still in effect,...