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UNITED STATES LIFE INSURANCE COMP v. GRUNHUT

Appellate Division of the Supreme Court of New York, First Department.
Apr 19, 2011
Important Paras
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By accepting premium payments for three months after commencing this action to rescind the insurance policies, and doing so apparently intentionally (to "protect" the insured pending a determination of the action), plaintiff waived its right to rescind the policies ( Security Mut. Life Ins. Co. of N.Y. v Rodriguez, 65 AD3d 1, 7-11).

[Prior Case History: 2009 NY Slip Op 32227(U).]